This court dismissed a criminal miscellaneous writ petition seeking quashing of an FIR regarding recovery of counterfeit liquor. The bench held that large quantities were recovered and complicity was disclosed, making no case to quash the report.
Petition dismissed with liberty to apply for bail.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 9389 of 2019
Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 5th January, 2019 registered as Case Crime No.0009 of 2019, under Sections 60, 63 and 72 of Excise Act and Sections 420, 467, 468 and 471 I.P.C. at Police Station Baradari, District Bareilly.
The allegation in the impugned first information report is with regard to recovery of counterfeit foreign made liquor by the police/raiding party.
As large quantity of counterfeit foreign made liquor is said to have been recovered and the complicity of the accused including the petitioner is disclosed in the impugned first information report, no case to quash the first information report is made out.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 12.4.2019.
Rks.
1 issue framed by the court
Whether the First Information Report regarding recovery of counterfeit liquor should be quashed.
Manoj Kumar
State Of U.P.
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
