JUDGMENT :

Satyavrat Verma, J.

Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. The present application has been filed seeking quashing of the order dated 20.04.2023 passed by the learned Court of Exclusive Excise Court No.1, Gaya in Fatehpur P.S. Case No. 312 of 2022, dated 28.05.2022, Excise G.R. No. 642 of 2022 whereby cognizance has been taken under Sections 51 and 52 of the Bihar Prohibition and Excise Act, 2016 against the accused persons, including the petitioner.

3. Learned Senior counsel for the petitioner submits that the petitioner, at the relevant point of time, was the Senior Superintendent of Police, Gaya and an FIR being Fatehpur P.S. Case No. 312 of 2022 dated 28.05.2022 came to be instituted implicating him under Section 51 of the Bihar Prohibition and Excise Act, 2016. Learned Senior Counsel further submits that the allegations as alleged in the FIR was that on 26.03.2021, 170 litres of country-made liquor was recovered from a Santro car but no FIR was lodged by Sanjay Kumar, S.H.O., Fatehpur Police station and the petitioner did not take any step to get the FIR instituted, further on instruction of the senior police officer, the FI