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Dharmendra Singh vs State of Uttarakhand and Ashutosh Rana

Uttarakhand High Court · Decided on 1 September 2011 · Citation: (2011) 09 UK CK 0095

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Penal Code, 1860 (IPC) — Section 420 · Uttar Pradesh Excise Act, 1910 — Section 60, 72(2)
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 747 of 2011
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Judgment

6 paragraphs · 232 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the First Information Report dated 23.07.2011, registered as crime No. 325 of 2011, relating to offence punishable u/s 420 Indian Penal Code, and crime No. 326 of 2011, relating to offence punishable u/s 60/72(2) U.P. Excise Act, Police Station Kotwali Nagar, District Haridwar.

3.

The first information report shows that large quantity of liquor was found being transported illegally with fake number plate in the vehicle. Two persons are said to have been arrested at the spot. But the Petitioner alleged to be one who succeeded in fleeing from the place of incident.

4.

Learned Counsel for the Petitioner submitted that Petitioner has been falsely named in the FIR. He was not arrested at the spot.

5.

Having considered submissions of learned Counsel for the Petitioner, and learned Counsel for the State, and after going through the papers on record, this Court is not inclined to interfere with the investigation of the case.

6.

Therefore, without expressing any opinion as to final merits in the matter, the writ petition is dismissed summarily with the observation that if the Petitioner Dharmendra Singh surrenders before the court concerned his bail application shall be heard, and disposed of without unreasonable delay. (Stay application No. 8985 of 2011, stands disposed of).