ADITYA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

(2.) The present application has been filed seeking quashing of the order dtd. 20/4/2023 passed by the learned Court of Exclusive Excise Court No.1, Gaya in Fatehpur P.S. Case No. 312 of 2022, dtd. 28/5/2022, Excise G.R. No. 642 of 2022 whereby cognizance has been taken under Ss. 51 and 52 of the Bihar Prohibition and Excise Act, 2016 against the accused persons, including the petitioner.

(3.) Learned Senior counsel for the petitioner submits that the petitioner, at the relevant point of time, was the Senior Superintendent of Police, Gaya and an FIR being Fatehpur P.S. Case No. 312 of 2022 dtd. 28/5/2022 came to be instituted implicating him under Sec. 51 of the Bihar Prohibition and Excise Act, 2016. Learned Senior Counsel further submits that the allegations as alleged in the FIR was that on 26/3/2021, 170 litres of country-made liquor was recovered from a Santro car but no FIR was lodged by Sanjay Kumar, S.H.O., Fatehpur Police station and the petitioner did not take any step to get the FIR instituted, further on instruction of the senior police officer, the FIR being Fatehpur P.S. Case No. 112 of 2021 dtd. 13/4/2021 was registered. It is next alleged that it came to the knowledge that the petitioner had initiated disciplinary proceedings against Shri Sanjay Kumar, the then SHO, Fatehpur for lodging the FIR with delay and punished him with censure, further that the aforesaid facts indicated towards the illegal activities of Sanjay Kumar, the then SHO, Fatehpur and the action taken by the petitioner against him indicates towards illegality and irregularity of the petitioner which was an offence under Sec. 51 of the Bihar Prohibition and Excise Act, 2016.