Excession petitioner challenged the order of cognizance passed by the Chief Judicial Magistrate, Gaya, for an offence under the Excise Act. The Court quashed the order and prosecution due to lack of material evidence implicating the petitioner.
The impugned order and entire criminal prosecution against the petitioner stands quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14995 of 2015
Arising Out of PS. Case No.-97 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya
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Kamlesh Yadav son of Devnandan Yadav Resident of Village - Panchmahla Police Station - Tekari District - Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar, Advocate For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 02-09-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.14995 of 2015 dt.02-09-2019 2/3
Column-2 and the quantity mentioned in Column-3. On Information gathered, after recovery of the liquor, it revealed that the accused persons named in Column-1 including petitioner were involved in that.
Patna High Court CR. MISC. No.14995 of 2015 dt.02-09-2019 3/3
(Birendra Kumar, J)
| Mkr./- | |
|---|---|
| AFR/NAFR | NAFR |
| CAV DATE | NA |
| Uploading Date | 06.09.2019 |
| Transmission Date | 06.09.2019 |
1 issue framed by the court
Whether the criminal prosecution against the petitioner can be quashed due to absence of material evidence.
Kamlesh Yadav
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
