Praveen Chetri VS State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

VINOD DIWAKAR
Praveen Chetri – Appellant
Versus
State of U. P. – Respondent

Counsel For the Parties:
For the Applicant:Prashant Sharma, Surendra Pratap Singh, Advocates
For the Opp. Party: G.A.

JUDGMENT

Heard Shri Prashant Sharma and Shri Surendra Pratap Singh, learned counsel for the petitioner, Shri Amrit Raj Chaurasiya, learned AGA for the State-respondents, and perused the material on record.

2. The instant application has been filed with the prayer to quash the entire criminal proceedings arising out of Case Crime No.108 of 2023, under Sections 420, 467, 468, 471 IPC read with Section 60/63 Excise Act, registered at P.S. Jaswant Nagar, District Etawah, as well as the impugned summoning/cognizance order dated 19.8.2023 along with charge-sheet dated 21.7.2023.

2.1 In the alternative, it is also prayed that the entire criminal proceedings in the aforesaid case be stayed, failing which the applicant shall suffer irreparable loss and injury.

3. The brief facts of the case are as follows:

3.1 On 29.04.2023, on the instructions of senior officers, the local police team started checking vehicles passing from the Jaunai Farm police post at District Etawah. While checking incoming and outgoing vehicles, a black Scorpio (Registration No.T-1223-JH-7384-D) was stopped, and three people were found sitting in the Scorpio. Upon inquiry, the person sitting in the driver’s seat stated