Criminal Misc. Writ Petition for quashing an FIR under IPC and UP Excise Act. The court rejected the petitioner's argument regarding lack of independent witnesses and arrest on spot. The petition was dismissed as cognizable offences were clearly made out.
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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 5362 of 2019 Petitioner :- Rajesh Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hemant Kumar,Ayank Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner, the learned AGA and perused the impugned F.I.R, as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R, dated 11.2.2019 registered as Case Crime No. 0024 of 2018, under sections 272 IPC & 60, 63 & 72 UP Excise Act P.S. Barsathi District Jaunpur.
We are not impressed with the argument of Sri Ayank Mishra, learned counsel for the petitioner that the F.I.R. be quashed on the ground that there are no independent witnesses to the alleged recovery and there is no material on record that the petitioner was arrested on the spot when obnoxious incriminating liquor was recovered, as investigation is pending and from the perusal of the F.I.R., cognizable offences including the offences under the Excise Act are made out.
The writ petition is dismissed.
Order Date :- 28.2.2019/Ram Murti
Rajesh Singh
State Of U.P.
2 Others
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
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