KAMALKANT SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Initially, instant petition was filed under the banner of Cr. Miscellaneous praying therein for quashing of FIR as such subsequently vide order dated 7.12.2006 has been converted into Cr.Writ.

(2.) Petitioner Kamlakant Sinha has prayed for quashing of FIR of Laheri (Biharsharif) P.S. Case No. 60 of 2006 registered under Sections 420, 467, 379 of the IPC and 47 of the Excise Act.

(3.) Chaudhary Anant Narayan, Executive Magistrate, Nalanda, as directed by the District Magistrate, Nalanda vide Memo No. 1614/Confidential dated 19.04.2006 launched prosecution against the petitioner, filed written report disclosing therein that petitioner was granted license for wholesale dealership of wine under Sale and 2 Trade Scheme as per Letter No. 962 dated 11.03.2006 by the District Magistrate, Nalanda. During continuance of license, complaint were received regarding malfunctioning over which enquiry was conducted and after getting enquiry report, vide Memo No. 1145/Confidential dated 22.03.2006 license was cancelled side by side the Excise Superintendent, Nalanda was directed to take proper action in accordance with law wherein he failed and accordingly, the District Magistrate directed the complainant for launching of prosecution which he did.