Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 16948 of 2019
Petitioner :- Sanjay Parmar
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Singh Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Sunil Singh, learned counsel for the petitioner and Ms. Manju Thakur, learned A.G.A. for the State and perused the record.
This petition has been filed for challenging the impugned F.I.R. dated 02.04.2019 giving rise to the Case Crime No. 166 of 2019, under Sections 272, 420, 467, 468, 471 I.P.C. & Section 60 (2) of U.P. Excise Act, P.S. Sajeti, District- Kanpur Nagar.
The petitioner is the son of a licencee of a country-made liquour vend. On a raid being laid at the premises of the liquor vend in the adjoining shop, spurious liquor was found besides lot of bottles bearing labels of branded liquor; in addition, certain other things were found that could be utilized to manufacture spurious liquor. The submission of the learned counsel for the petitioner is that his name has figured on the statement of the co-accused and he is not in any manner connected with the crime. We have perused the impugned F.I.R. The allegations show recovery spurious liquor which in itself is a menace in society. We do not find any good ground to quash the impugned F.I.R. and thwart investigation in this crime.
The prayer to quash the impugned F.I.R. is accordingly refused, however, considering the fact that petitioner's name has figured on the statement of a co-accused, it is provided that in case the petitioner appears and surrenders before the Court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, or till petitioner surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner. However, in case, petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
In terms of the above orders, the writ petition is disposed of.
Order Date :- 20.6.2019 V.S.Singh