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ALOK KUMAR PANDEY
Kumari Punam – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Pandey, J.—Heard both sides.
2. In the instant writ application, petitioners seek following relief(s):—
(i) For issuance of an appropriate writ, order or direction for quashing of First Information Report of Ramkrishna Nagar Police Station Case No. 34 of 2017 instituted for the alleged offences punishable under Section 419 and 420 of the Indian Penal Code and Section 30(a), 35(c) and 32 of the Bihar Excise and Prohibition Act.
(ii) For issuance of an appropriate writ, order or direction commanding and directing the respondents to unseal the premises of the petitioner which has been sealed pursuant to institution of Ram Krishna Nagar Police Station Case No. 34 of 2017 and restore its possession with all the articles stored therein.
(iii) For restraining the respondent from taking coercive actions against the petitioner in the garb of regulating the business in exercise of power conferred under Bihar Prohibition and Excise Act, 2016 (in short of the Act).
(iv) For any other relief or reliefs for which the petitioner found entitled too.
3. Briefly stated facts of the present case is that a news item was published in daily news paper “Dainik Bhaskar” dated 09.02.2017 that in the n
The recovery of fruit beer containing 0.6 to 0.8% alcohol constituted an offence under the Bihar Prohibition and Excise Act, 2016, as per the notification specifying alcoholic beverage as containing ....
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 main legal point established in the judgment is the limited scope of the court's jurisdiction under Section 482 of the CrPC and the need for a full trial to determine the genuineness of the mater....
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.
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