Sushil Kumar Gupta, J.

1. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR as well as Criminal Case No.1898/2012 in respect of Crime No.39/12 registered at police Station, Rithorakalan, Distt. Morena, for the offence punishable under Section 34(2) of the Excise Act.

2. The brief facts of the case are that ASI Kamlesh Kumar was on patrolling duty. He saw a Maruti Car bearing registration No.J5FF/2751 coming from the side of National Highway. On being given signal to stop the car, the driver of the vehicle did not stop the car and tried to run away. The police chased the car. In front of Teekari the highway was closed. The car dashed from the soil and stopped, then driver of the vehicle fled away and another person who was sitting in the car also tried to run away, but he was caught hold by the police. On asking, he disclosed his name as Balveer @ Balle and the name of driver who ran away as Rishikesh @ Rishi. On being searched the car, 18 boxes of Masala country-made liquor and 5 boxes of plain country-made liquor were found for which there was no valid licence or permit. Thereafter, offence under Section 3