BIPIN BEHARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under Section 482 CrPC filed by Bipin Behari, Binod Kumar and Pradumn Ji praying that the proceedings pending against them in complaint case No. 351/77 (State v. Bipin Behari) in the court of S. D. M. Rasra be quashed.

(2.) IT appears from the complaint filed against the applicants under Section 5 (3) of the U. P. Entertainment and Betting Tax Act (hereinafter referred to as the Act) by the Entertainment Tax Officer that Bipin Behari and Binod Kumar applicants are the proprietors of Sarju Chitra Mandir, Rasra and Pradumn Ji applicant is the Manager of the said cinema hall. On 4-7-1977 at about 8.30 P. M. while the first show was in progress a surprise raid was conducted by a party headed by the S. D. M. Rasra and three persons in the balcony and three persons in the first class were found without tickets. 113 other persons were also found in the first class and 125 persons were found in the second class. 92 tickets were recovered from the persons sitting in first class and 81 tickets were recovered from the persons sitting in the second class. The numbers of these tickets did not tally with the numbers of the tickets entered in the register in Form B which was required to be maintained by the proprietors of the cinema hall. The complaint when read as a whole indicates that the 244 persons, who were found inside the cinema hall at the time of the raid, were seeing the cinema show on fake tickets whose numbers were not entered in the register in Form B. The question that, however, remains to be determined is whether any offence is made out against the applicants under Section 5 (3) or any other Section of the Act even if all the allegations made in the complaint are accepted. Sections 4 and 5 of the Act run as follows :-

(3.) THIS application is accordingly allowed and the proceedings against the applicants in complaint case No. 351/77 (State v. Bipin Behari) in the court of S. D. M. Rasra are quashed.