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ASHUTOSH KUMAR
United Breweries Limited – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Heard Mr. Satyabir Bharti, learned Advocate for the petitioner and Mr. P.K. Verma, learned AAG for the State.
1. This writ petition has been filed for quashing the entire prosecution emanating out of Pandaul P.S. Case No. 270 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 in pursuance of the aforementioned case.
2. The petitioner is a Company incorporated under the provisions of the Companies Act which is engaged in the manufacture of non-alcoholic beers/drinks at Naubatpur in the district of Patna.
3. In the present case, the manufacturing unit is being represented by the General Works Manager, Brewery viz. Amrish Kumar Singh.
4. The prosecution against the petitioner/company has been challenged on the ground that none of the offences under the Indian Penal Code or under the Bihar Prohibition and Excise Act, 2016 was made out and that the petitioner/company has never manufactured or sold any intoxicant or liquor as defined under the Excise Act.
5. It was also urg
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.
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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