Court No. - 40
Case :- APPLICATION U/S 482 No. - 21744 of 2019 Applicant :- Rajesh Rayakvar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brij Gopal,Devashish Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the further proceedings of Case No. 1036 of 2014, under Sections 420, 120B IPC and 60/72 of Excise Act arising out of Case Crime No. 389 of 2014, P.S. Sikandara, District Agra and also quash the cognizance order dated 25.07.2014.
As per the allegations made in the FIR, it is alleged that on 29.05.2014, the applicant was apprehended travelling in a vehicle and from his possession, Rs.917/- and mobile phone were recovered. From the vehicle, 96 bottles of liquor were also recovered. On the basis of the said recovery, an FIR was lodged on 29.05.2014. After investigation, the police submitted the charge- sheet against the applicants, on which, cognizance was taken by the Magistrate on 25.07.2014 and the proceeding is pending since then and the applicants were already on bail.
From the perusal of the material collected during the course of investigation and looking into the facts of the case, at this stage it cannot be said that prima facie no offence is made out against the applicants, as such, prayer for quashing the cognizance order dated 25.07.2014 is refused.
With the aforesaid observations, this application under Section 482 CrPC is dismissed.
Order Date :- 4.6.2019 Nadim