Madan Sah v. The State Of Bihar Through Principal Secretary, Excise Dept. Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1788 of 2019 Arising Out of PS. Case No.-442 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== MADAN SAH Son of Late Khendar Shan Resident of Village - Machhagar Lachhiram Pali, P.S.- Hatua, Distt - Gopalganj. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, EXCISE DEPT. BIHAR PATNA 2.

The Director General of Police, Bihar, Patna. 3.

The Deputy Inspector, General of Police, Saran at Chapra. 4.

The District Magistrate, Gopalganj.

5.

The Deputy Collector, Land Reforms, Gopalganj. 6.

The Excise Superintendent, Gopalganj.

7.

The Officer Incharge, Town, P.S.- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Respondent/s :

Mr.Akash Chatruvedi, AC to SC 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and leaned counsel for the State.

The petitioner in the present is seeking quashing of the first information report vide Gopalganj P.S. Case No. 442 of 2019, G.R. NO. 1052 of 2019, registered under Section 379 of the Indian Penal Code as well as Section 30(a) of the Bihar Prohibition & Excise Act pending before the court of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Gopalganj.

Learned counsel for the petitioner submits that this

Patna High Court CR. WJC No.1788 of 2019(2) dt.03-02-2020 2/3 petitioner is a SAIP Jawan who has been made accused in this case on the basis of an inquiry report submitted by the two members committee comprising Deputy Collector Land Reforms, Gopalganj and the Excise Superintendent, Gopalganj who have upon examining a whatsapp video taken a view that this petitioner was taking away two bottles of illicit liquor concealing them in paper and he is being seen in the Malkhana of the excise department. The two members committee express their view that the petitioners seems to be involved in the taking away of the illicit liquor. It is submitted that the inquiry report no where discloses the place of the Hajat Malkhana or the time of the alleged occurrence and only on mere suspicion the petitioner has been made accused in this case.

Learned counsel for the State, however, submits that in the nature of the allegations made in the first information report which is based on a prima facie view expressed by the two members committee, at this stage when the investigation is still going on, it would not be just and proper to quash the first information report and interfere with the investigation.

Patna High Court CR. WJC No.1788 of 2019(2) dt.03-02-2020 3/3 towards a commission of cognizable offence is still under investigation, this Court does not find it fit and proper to interfere with on-going investigation and no reason for curtailing the investigation is made out by the petitioner. At this stage, this Court is not inclined to interfere with the first information report. Let the investigation be expedited. The Excise Superintendent, Gopalganj (respondent no. 6) is directed to review the matter and take steps or issue directions in this regard to complete the investigation of the case as early as possible and a police final report be submitted preferably within a period of three months from the date of receipt/production of a copy of this order.

The writ application stands disposed of.

(Rajeev Ranjan Prasad, J) avin/- U T