Raju Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18941 of 2014 Arising Out of PS.Case No. -111 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictSIWAN ====================================================== Raju Chaudhary, Son of Pyar Chand Choudhary, Resident of Village Khori Pakar, P.S. Basantpur, District Siwan .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Abhay Kr. Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-06-2017 Heard.
This petition for quashing has been filed for setting aside the cognizance order dated 12.04.2013 under Section 47(A) of the Excise Act in Case No.C-II-111/13, passed by learned Chief Judicial Magistrate, Siwan.
Learned counsel appearing on behalf of the petitioner challenges the quashing order on two counts firstly, that the petitioner-accused is a police Constable and on the relevant day, he was posted in Gopalganj and secondly, that he was falsely implicated in this case on the information of one Nathuni Sah and the address given by Nathuni Sah is incorrect, he is not the resident of village Khori Pakar.
The learned Additional Public Prosecutor appearing on behalf of the State submits that 30 litres of country made liquor
Patna High Court Cr.Misc. No.18941 of 2014 (3) dt.20-06-2017 2 / 2 and 100 Kgs. of Mahua Jawa was recovered from the house of this petitioner. The secret information was received by the Excise Officials. Nathuni Sah is the witness of the seizure list. The plea of alibi is a defence, which cannot be considered at this stage. Having considered the rival submissions and on perusal of the materials on record, I do not find any ground to interfere with the order of cognizance dated 12.04.2013, passed in Case No. C-II-111/13 by the learned Chief Judicial Magistrate, Siwan so this quashing petition being devoid of merit is dismissed. (Arun Kumar, J.) S.Kumar/- U T