The court dismissed petitions seeking quashing of proceedings for corruption and illicit liquor recovery. It held that facts showed recovery of liquor and alleged bribery, meaning an offence was made out, necessitating trial.
Petitions dismissed; trial court to proceed; interim order vacated.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 11302 of 2022
Applicant :- Khem Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyawan Shahi Counsel for Opposite Party :- G.A.
connected with
Case :- APPLICATION U/S 482 No. - 11324 of 2021
Applicant :- Suresh Singh Chauhan Opposite Party :- State Of U.P Counsel for Applicant :- Satyawan Shahi
Hon'ble Dinesh Kumar Singh,J.
the Excise Department. The present petitioners waylaid the Wagon-R of the accused Vimal Raghav and recovered eight cartons of illicit liquor. The accused Vimal Kumar Raghav was taken to Bulandshahr and the eight cartons of illicit liquor were kept separately in a Government Liquor Godown. The accused Vimal Raghav was kept in the police station, but he was left after 2-3 hours. Later on, co-accused Brahmpal told him that he had paid Rs.3,00,000/- to the present three petitioners for getting him released. Thereafter, accused Vimal Raghav was taken to the place where the eight cartons of illicit liquor was kept by the petitioners and the same were recovered.
examination of the illicit liquor allegedly recovered from the place where the petitioners had kept in, no liquor was found to be spurious. He, therefore, submits that if the offence for which the petitioners are being tried are not attracted from the evidence collected during the course of investigation, then continuation of the proceedings against them would be a futile exercise and is an abuse of process of the court. Therefore, this petition may be allowed and the impugned proceedings may be quashed.
Vimal Raghav, is also subject matter of trial. But looking at the facts and circumstances of the case, it cannot be said that no offence is made out against the petitioners.
Order Date :- 1.2.2023 Rao/-
Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad
2 issues framed by the court
Whether the proceedings should be quashed under Section 482 Cr.P.C.
Whether the offence under the U.P. Excise Act or Prevention of Corruption Act is made out on facts.
3 provisions across 3 enactments
Khem Singh
Another
Suresh Singh Chauhan
State of U.P.
Another
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
