1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 798 of 2011 with Stay Application No. 9687 of 2011 Rajesh Garg @ Banti S/o Vimal Kishore R/o Avas Vikas Colony Roorkee, P.S Gangneher, District Hardwar …………… Petitioner Versus 1. State of Uttarakhand, through its Secretary Home, Dehradun 2. Station House Officer, Police Station Hardwar District Hardwar 3. Sri B.K.Pandey S.I.Kotwali Nagar Hardwar District Hardwar …………..Respondents. Shri Mohd. Umar, Advocate, holding brief of Shri Sanjeev Singh, Advocate, present for the petitioner Shri S.S.Adhikari,A.G.A, present for the State. Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has 2 sought quashing of the First Information Report dated 08.09.2011, registered as Crime No. 535 of 2011, relating to offence punishable under section 60/72 of U.P. Excise Act, 1910, police station Kotwali, District Hardwar. (3) Fifteen crates of liquor are said to have been intercepted while being transported in a car without valid papers/permit. One of the two accused was arrested at the spot while the another (petitioner) succeeded in fleeing from the scene of occurrence. (4) Factual pleas of innocence has been raised in this writ petition, which can not be examined in writ jurisdiction. 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 Rajesh Garg surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Stay Application No. 9687 of 2011 also stands disposed of). (Prafulla C. Pant, J.) Dt.15.09.2011 NP 3