SURESH UPADHYAY Vs. STATE OF MP

JUDGEMENT

(1.) With the consent of parties matter is finally heard. By invoking the extraordinary jurisdiction of this Court, the instant petition has been filed by the petitioner under Section 482 of Code of Criminal Procedure, 1973 (in short "the Code") seeking the relief of quashing the FIR registered at Crime No. 268/2013 for the offence punishable under Sections 34(1), (2) and 47(A) of M.P. Excise Act and also the entire subsequent criminal proceedings arising out of that crime.

(2.) Learned Counsel for the petitioner submitted that petitioner Suresh Upadhyay has been made as an accused in the present crime registered for the offence punishable under Sections 34(1), (2) and 47(A) of M.P. Excise Act. The present offence was registered on 26th May, 2013 at about 6 p.m. against Shailendra Singh, Ravindra Singh and present petitioner.

(3.) The accusation of prosecution is that 1250 quarters country made liquor was seized from a white Scorpio Car bearing No. MP 06 BA 0121. It is alleged that the present petitioner was also sitting in that vehicle and during search he ran away from the spot. Name of present petitioner was disclosed by co-accused Shailendra Singh Gurjar in his memo, who was arrested on the spot.