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IN THE HIGH COURT OF JUDICATURE AT PATNA
Chandra Shekhar Jha
Sunil Bhardwaj @ Sunil Kumar Son of Kalyan Sharma – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of the case against the petitioner. (Para 2 , 3) |
| 2. arguments related to the petitioner’s innocence and alleged misuse of legal process. (Para 4 , 5) |
| 3. court's consideration of legal precedents relevant to cheating and forgery. (Para 6 , 8 , 10) |
| 4. judgment on specific sections of the ipc and excise act regarding the quashing of charges. (Para 11) |
| 5. partial allowance of the quashing petition with specific conditions. (Para 12 , 13) |
JUDGMENT :
Chandra Shekhar Jha, J.
1. Heard learned counsel appearing on behalf of the parties.
2. Present petition is being filed on behalf of the petitioner for quashing of FIR registered in Kochhodamn P.S. Case No. 152 of 2022 dated 23.06.2022, District Kishanganj and further proceedings thereof against petitioner under Sections 420, 467, 468, 471, 120B of IPC and under Sections 30(a), 31, 32, 36, 41(i) of Bihar Prohibition and Excise Act. Presently pending before the court of learned Special Excise Court cum Additional District Judge -II, Kishanganj.
3. Case of prosecution in brief, speaks that the informant, who is posted as SHO of P.S. Kochhodamn, District- Kishanganj, Bihar on 23.06.2022, upon receiving a secret info
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.
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.
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.
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.
The court established that allegations of cheating and forgery require a clear demonstration of fraudulent intent at the time of the transaction, and that the existence of a civil remedy does not pre....
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