Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2329 of 2019 Petitioner :- Saurabh Yadav @ Karu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Narendra Kumar, learned counsel for the petitioners, learned A.G.A. for the State-respondents, and perused the record.
The instant petition seeks quashing of the FIR dated 28.12.2018 registered as Case Crime No.440 of 2018, under Sections 420 I.P.C. and 60/72 Excise Act, Police Station Allau, District Mainpuri.
The allegation in the FIR is that upon information that the petitioners along with another were transporting illicit liquor, the police party tried to intercept a Bolero Pickup vehicle carrying illicit liquor in which the petitioners alongwith another accused were travelling. It is alleged that the accused after a chase left the vehicle and escaped. A large quantity of illicit liquor was recovered.
Learned counsel for the petitioners has submitted that there is no basis to name the petitioners in the FIR.
The aforesaid contention cannot be accepted at this stage, particularly, when the matter is under investigation. However, since the petitioners are named in the FIR and the police party has witnessed the incident and has made recovery of large quantity of illicit liquor, no case for quashing of the FIR or to interfere with the investigation is made out.
The petition is dismissed.
Order Date :- 29.1.2019 Ajeet