IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 912/2010 Rajesh Kumar @ Raja …….Petitioner Versus State of Uttaranchal & Anr. …….Respondents September 27, 2010 Hon’ble Dharam Veer, J. Heard Mr. Anil Dabral, Advocate for the petitioner and Mr. MA Khan, Brief Holder for the State. This petition under Section 482 of Code of Criminal Procedure, 1973 (for short, CrPC) has been filed for quashing the summoning order dated 11.1.2010 as well as the entire proceedings of Criminal Case No. 1/2010 under Section 60 Excise Act pending in the Court of Civil Judge (Jr. Div.)/Judicial Magistrate, Garur, District Bageshwar. Facts, in brief, are that on 11.10.2009 at about 8.45 pm, when the patrolling police party stopped the Mahindra Pick-up No. UK04CA0644, then the accused applicant jumped out of the said vehicle and ran away from the spot. Two co-accused were arrested from inside the said vehicle and 450 bottles of illicit liquor were recovered from the said vehicle, which were kept in a hidden cavity. The aforesaid vehicle is also registered in the name of accused applicant. With these averments a case was registered against the accused applicant and two other co- accused and the I.O. after the investigation, submitted a chargesheet against the petitioner under Section 60 of the Excise Act, on the basis of which learned Magistrate has taken the cognizance of the offence against the petitioner vide order dated 11.1.2010. Learned Counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. I do not find any force in this argument due to the reason that from the perusal of the contents of FIR and statements of the witnesses recorded under Section 161 CrPC and other evidence collected 2 by the I.O., a prima facie case is made out against the petitioner under the aforesaid section. The dispute involves factual question which cannot be decided by this Court. The dispute can be decided only after adducing the oral and the documentary evidence by the parties before the trial court. It cannot be decided by this Court only on the basis of papers filed on the record. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused and also on the basis of the appreciation of the evidence as per law. If the allegations made in the FIR and the evidence collected by the Investigating Officer and the statements of witnesses recorded by the I.O. during the course of investigation are taken at their face value and accepted in their entirety, I am of the view that the petitioner has rightly been summoned. The trial court will decide the case after recording the evidence adduced before it. I am of the view that in the present case there is neither any miscarriage of justice nor any abuse of process of Court. Accordingly, the petition being devoid of merit is dismissed in limine. (Dharam Veer, J.) 27.9.2010 PRABODH