Back
PARTHA SARTHY
Sandeep Tewari, S/o. Late Suresh Tewari – Appellant
Versus
State of Bihar, Through the Principal Secrt. , Regst. , Excise and Prohibition, Govt. of Bihar, Patna – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned Additional General no. 3 for the respondents.
2. The petitioner has preferred this writ application for quashing the FIR instituted vide Kishanganj P.S. Case No. 123 of 2021 dated 13.3.2021 registered under sections 272, 273 and 120B of the Indian Penal Code and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016, for directing the respondents to release the tanker lorry bearing registration no. NL01K9511 along with 2500 litres of extra neutral alcohol (‘ENA’ in short) loaded on it seized in connection with Kishanganj P.S. Case No. 123 of 2021 and to pass other order or orders as the Court may deem fit in the facts of the case.
3. The prosecution case based on the self statement of Ashwani Kumar, Police Inspector-cum-SHO, Kishanganj recorded on 13.3.2021 at 10 am is that at 7.15 am the same morning secret information was received that a tanker lorry vehicle bearing registration no. NL01K9511 carrying spirit for preparation of liquor was going towards Purnia. Giving information to the Senior Police Officers the informant reached the Bir Kunwar Bus Stand at Kishanganj at about 9.45 am. He saw the tanke
The Court emphasized the importance of accepting FIR allegations as true at the quashing stage and addressing disputed questions of fact during trial.
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 registration of multiple FIRs is permissible if they pertain to different causes of action or involve different parties, even if they arise from the same incident.
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 High Court may exercise inherent powers under Section 482 Cr.P.C. to quash criminal proceedings if the dispute involves compoundable offences under the Excise Act to prevent the abuse of process ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
