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ANIL KUMAR SINHA
Majhaulia Sugar Industries Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent
Anil Kumar Sinha, J. – The present writ application has been filed for quashing of the First Information Report bearing Majhauliya P.S. Case No. 230 of 2020 dated 26-04-2020 contained in (Annexure- 6) registered for the offences under Sections 284, 285, 403, 406, 407, 408, 409, 420 and 34 of the I.P.C. read with Sections 30 (a), 31 of the Bihar Prohibition and Excise Act 2016.
2. The factual matrix of the case is that the petitioner no. 1 is a company in the name and style of M/s Majhaulia Sugar Industries Pvt. Ltd. and the petitioner no. 2 is its Chief General Manager. The petitioners are holding N.O.C. / license and have a distillery at Majhauliya, which is engaged in production of ethanol. The ethanol is being transported by the petitioners from its distillery to various oil companies through M/s Indian Tankers Pvt. Ltd. after due verification of G.P.S. and digital seal / lock. According to the petitioners the electronic locks are being provided by M/s M.S.D. Telemematrix Pvt. Ltd.
3. On 25-04-2020 a team constituted by the Superintendent [Excise], East Champaran reached near N.H. 28 and found one tanker near an old hotel bearing Registration No. UP-53-AT-1786 whose one of the sea
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.
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.
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 court affirmed the validity of FIRs registered by different agencies for distinct offences, emphasizing the necessity of ongoing investigations into serious allegations of corruption and money la....
The court ruled that distinct allegations in a second FIR, even involving some overlap with a prior complaint, do not invalidate the subsequent investigation process, affirming the principle of judic....
A complaint cannot be quashed unless its allegations do not prima facie constitute an offence, and political motivations behind a complaint do not suffice to invalidate it.
Second FIR is permissible when second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which earlier FIR already stands registered.
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