IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27202 of 2008 Bipin Kumar Versus The State Of Bihar ---------------------------------- Lawyer for Petitioner- M/s B.B.Jha & Sushil Kr. Jha-Advs. Lawyer for State- Mr. Raj Ballabh Singh-A.P.P. --------------------------------------- 03. 29.09.2011 This is an application for quashing the order dated 17.4.2008 whereby and whereunder the learned Chief Judicial Magistrate has been pleased to take cognizance of offence in G.R. Case No.630 of 2005 against the petitioner under Sections 467,419,420,471,409 of the I.P.C. and Section 49 of Bihar Finance Act, 1981 (Part-1) and transferred the said case for trial to the Court of Sub- divisional Judicial Magistrate, Khagaria being Trial No.4433 of 2008. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is owner of the vehicle, which was carrying wine sold by Baba Enterprises in favour of co-accused Navin Singh @ Navin Chaudhary. Submission of learned counsel for the petitioner is that driver was there on the truck, invoice was there handed over to him along with permit, that permit is said forged for which petitioner or his driver has no concern. Carrying of wine is not prohibited and petitioner has no hand in having forged permit by the driver, if really that was forged. So, cognizance taken against him for further prosecution is not justified. Accordingly, this quashing application is hereby allowed and cognizance order is set aside to the extent of this petitioner. Vikash ( Mandhata Singh, J.)