PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 25:
Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner has filed the present application for quashing of the FIR in connection with Naugachia P.S. Case No.183 of 2023, registered under Sections 30(a)/32(ii) of Bihar Prohibition and Excise Act, 2018, pending in the Court of learned Special Excise Judge-II, Bhagalpur, Vide Special Excise Case No.2917/2023.
3. Learned counsel appearing on behalf of the petitioner submitted that there is no relevance in continuation of criminal proceeding against the petitioner or the petitioner should be subjected to face the trial, as no case against the petitioner is made out save and except, the petitioner is the wife of the main accused, who was not arrested by the police and also in the fact that there was no recovery of any incriminating article from the house of the husband of the petitioner.
4. It is further submitted that the husband of the petitioner has been acquitted. He submitted that the petitioner is an old lady of 78 years and in want of any overt act attributable to the petitioner and the allegation against the petitioner being unbelievable, the entire prosecution case is liable to be quashed on merits. Learned counsel submitted that otherwise also the entire prosecution case is demolished by the informant himself, who in course of the trial in respect of her husband, has not supported the prosecution story and at the same time, no witness has corroborated the allegations leading to acquittal of her husband. In such circumstances, if the pleading is to continue against the petitioner will amount to abuse of the process of the law.
5. Learned APP appearing on behalf of the State has vehemently opposed the prayer of the petitioner to quash the FIR.
6. Heard the parties.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM0NTg2MCMyMDI1IzEjTg==-k2trplLTWHI=
Disclaimer: Curated by HT Syndication.
