Vishal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46360 of 2012 Arising Out of PS.Case No. -65 Year- 2010 Thana -null District- KATIHAR =========================================================== Vishal Kumar Singh, son of Ram Naresh Singh, r/o. Moh. Gami Tola, P.S.Katihar Town, Dist. Katihar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s : APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-04-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for quashing the order dated 23.04.2011 passed by the learned Chief Judicial Magistrate, Katihar in connection with Balrampur P.S. Case No. 65 of 2010 for the offence alleged under Section 420, 471/34 IPC and 47(A) of the Excise Act.

3. It is submitted that the petitioner has been falsely implicated as evident from the letter of the Superintendent, Excise, addressed to the Officer-in-charge, Balrampur, Katihar to the effect that the liquor shop in question was duly authorized and licenced. Learned counsel for the petitioner placed reliance on various documents such as the licence of the liquor shop and the receipt of tax paid in relation thereto.

Patna High Court Cr.Misc. No.46360 of 2012 dt.16-04-2015

4. Be that as it may, the learned court has duly taken into consideration of the various materials on record including the case diary before inferring a prima facie case against the petitioner is made out.

5. In that view of the matter, this Court finds no infirmity in the impugned order.

6. The petition stands disposed of with liberty to the petitioner to raise all points as may be available to him at the appropriate stage.

(Vikash Jain, J) Chandran U