Ram Bachan Sah vs State of Bihar & Or

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 89

ANSHUMAN
Ram Bachan Sah – Appellant
Versus
State of Bihar & Or – Respondent

Advocates:
For the Petitioner: M/s Dhananjay Kumar, Kundan Kumar Jha.
For the Respondents: Mr. Anil Kumar, AC to SC - 8.

Dr. Anshuman, J. – Heard learned counsel for the petitioner and learned counsel for the State.

2. Present Writ application has been filed for quashing the F.I.R. bearing Jandaha P.S. Case No. 254 of 2021 instituted under the provisions of Indian Penal Code and the Drugs and Cosmetics Act.

3. Counsel for the petitioner submits that vide order dated 28.04.2022, a protection order has been granted in favour of the petitioner and direction has been given to respondent no. 2 and 3 to file counter affidavit, personally shown by them indicating therein, that on what basis the present F.I.R. came to be instituted, when filing an F.I.R. is barred under Section 32 of the Drugs and Cosmetics Act, 1940.

4. Counsel for the petitioner submits that a supplementary counter affidavit has been filed, in which reference relating to Full Bench of Hon'ble Supreme Court, Union of India vs. Ashok Kumar Sharma and others, (2020 SCC OnLine SC 683) has been described and subsequently it has come on record that there is no evidence found to make out a case against offences under various sections of the I.P.C. and direction was made to the investigating officer to submit the final form in this case before Court

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