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2013 (9) TMI 1252 - SC - Indian LawsAllegations of connivance on District Excise Officer (DEO) - Replacement of deed - Appeal in HC for Quashing a complaint u/s 420 and 120-B of the IPC against DEO - Forged and fabricated Partnership deed - Excise Contracts for Business of liquor - On 27.2.2002, a partnership firm was constituted and a partnership deed was executed on the same date with the intention to carry on business of liquor. The said partnership firm was reconstituted and a deed dated 5.3.2002 was executed inducting among others the respondent no.1 a partner of the firm and the said firm now consisted of twelve partners. The excise auctions for the year 2003-2004 was held on 6.3.2003 and the said firm participated in the auction and being a successful bidder, the contract was awarded to it. The respondent no. 1 filed a complaint alleging that while negotiating and accepting the contract for the year 2003-2004, the reconstituted partnership deed dated 5.3.2002 was utilised, he had also invested a huge amount, but the said deed was subsequently replaced by a forged/fabricated deed dated 6.3.2003 in which the respondent no.1 was not a partner, was implanted in the excise office in its place to deprive him of the profits of the firm. HELD THAT:- When a prosecution at the initial stage is to be quashed, the test to be applied by the court is whether the uncontroverted allegations as made, prima facie establish the offence. At this stage neither the court can embark upon an inquiry, whether the allegations in the complaint are likely to be established by evidence or nor the court should judge the probability, reliability or genuineness of the allegations made therein. More so, the charge sheet filed or charges framed at the initial stage can be altered/amended or a charge can be added at the subsequent stage, after the evidence is adduced in view of the provisions of Section 216 Cr.P.C. It is a settled legal proposition that while considering the case for quashing of the criminal proceedings the court should not "kill a still born child", and appropriate prosecution should not be stifled unless there are compelling circumstances to do so. An investigation should not be shut out at the threshold if the allegations have some substance. When a prosecution at the initial stage is to be quashed, the test to be applied by the court is whether the uncontroverted allegations as made, prima facie establish the offence. At this stage neither the court can embark upon an inquiry, whether the allegations in the complaint are likely to be established by evidence or nor the court should judge the probability, reliability or genuineness of the allegations made therein. Enquiry proceedings to continue.
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