LALIT SUWALKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been preferred by accused petitioner with the prayer to quash proceedings of Cr. Case No.30/2011 pending before the court of Additional Chief Judicial Magistrate No.2, Srimadhopur, Sikar for the offence punishable under section 18/54(E) read with section 54-D, 64 and 68 of the Rajasthan Excise Act, 1950, (for short "the Act of 1950") arising out of FIR No.12/2010-11.

(2.) The facts in brief relevant for consideration of this petition, are that FIR was registered on 10.01.2011 by Abkari Circle, Srimadhopur alleging inter alia that M/s H.S.B. Agro Industries, Reengus diverted 40000 BL ENA (Extra Natural Alcohol) on the basis of forged documents and has caused loss to the Government revenue which is punishable under the Rajasthan Excise Act, 1950.

(3.) After investigation, charge-sheet was filed against 5 persons; namely, Sanjay Singh, Pawan, Bhawani Singh, Mahal Chand and Durga Prasad. Later on, a supplementary charge-sheet was filed against 6 persons, including the present petitioner Lalit Suwalka on 17.06.2015. Learned trial court took cognizance thereupon on 17.06.2015.