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ASHUTOSH KUMAR
United Breweries Limited, A registered company incorporated under the Companies Act, 1956 – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
1. Heard Mr. Satyabir Bharti, learned Advocate for the petitioner and Mr. P.K. Verma, learned AAG for the State.
2. The two writ petitions have been filed for quashing the entire prosecution emanating out of Madhubani Town P.S. Case No. 265 of 2020 instituted for the offences under Sections 30(a) and 35(e) of the Bihar Prohibition and Excise Act, 2016 and under Sections 272, 273, 465 and 420 of the Indian Penal Code and restraining the respondents from taking any coercive step against the petitioner/company in pursuance of the aforementioned case.
3. On the basis of self-statement of one Dharam Pal, SHO of Madhubani Town Police Station recorded on 14.10.2020, the subject FIR was registered. He has alleged that on 12.10.2020 at about 04:00 P.M., a police officer by the name of Niranjan Kumar Singh brought 24 bottles, each measuring 300 mls. of Ultra non-alcoholic beverage of Kingfisher company which was seized by the police team from one Jiwach Kumar for which a Madhubani Town Station Diary No. 452 of 2020 dated 12.10.2020 was recorded.
4. On the basis of the aforesaid station diary entry, senior police officers were informed and the informant was told to have the liquid cont
Quashing of FIR under IPC and Excise Act requires a prima facie case to avoid misuse of legal processes; non-existence of cheating and forgery is essential for quashing allegations.
At the quashing stage, the allegations in the FIR are to be accepted as true, and disputed questions of fact and defenses should be raised at an appropriate stage in the trial.
The Court emphasized the importance of accepting FIR allegations as true at the quashing stage and addressing disputed questions of fact during trial.
The main legal point established in the judgment is the limited scope of the court's jurisdiction under Section 482 of the CrPC and the need for a full trial to determine the genuineness of the mater....
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