Dipu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71036 of 2018 Arising Out of PS. Case No.-676 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Dipu Choudhary Son of Bhagirath Choudhary Resident of VillageBhimchak,P.S. Barachatti,Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 12-12-2019 Heard learned counsel for the parties.

This application has been filed for quashing the FIR of Barachatti P.S. Case No. 676 of 2017 dated 30.10.2017 registered under Sections 30(a)(d), 38 and 47 of the Bihar Prohibition and Excise (Amendment) Act , 2016. FIR can be quashed only where from reading of the contents of FIR, no criminal offence is made out, which cannot be said to be true in present case as offence under Excise Act is made out from reading the FIR.

It is contended that after investigation police has submitted chargesheet against the petitioner, as such I am not inclined to quash the FIR of Barachatti P.S. Case No. 676 of 2017.

Patna High Court CR. MISC. No.71036 of 2018 dt.12-12-2019 2/2 However, petitioner is granted liberty to raise all the issues raised before this Court as well as other points available to him in accordance with law at subsequent stage i.e. at the time of consideration of discharge petition/framing of charge, if not already framed.

With such observation and liberty, this application is disposed of.

(S. Kumar, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.12.2019 Transmission Date 14.12.2019