MADHUAUDAN CHAWRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is for quashing the entire proceedings pending against the petitioners in connection with B. S. E. Case No. 252 of 1987 including the order dated 30-7-1987, whereby cognizance for an offence under Section 34 of the Bihar Shops and Establishments Act, 1953 (hereinafter called as the 'Act'), the said order having been passed by the Chief Judicial Magistrate, Dhanbad, and thereafter, the case was transferred to the Judicial Magistrate, 1st Class, Dhanbad.

(2.) The learned counsel for the petitioners has been heard, as none appears on behalf of the opposite parties.

(3.) A perusal of the complaint made by opposite party No. 2 (Annexure-1) shows that he inspected the shop in question on 25-1-1986. From the original record of the Lower Court, which was called for at the time of admission of this application, it is clear that the said complaint/prosecution report was made on 30-7-1987 and on the same day the Chief Judicial Magistrate, Dhanbad, took cognizance for the offence under the Act. In other words cognizance was taken beyond a period of six months of the date on which the offence is alleged to have been committed, which is in violation of the provision of Section 36 (1) of the Act. The said provision is mandatory as is clear from a bare reading of the same. Although, there is a Proviso to Section 36 (1) ibid, according to which the concerned Court may take cognizance for the roagons to be recorded in writing, if such a complaint/prosecution report is made after the expiry of the said period of six months, if it is satisfied that the complainant was prevented by sufficient cause from filing the complaint within the said period, it is clear from the impugned order that cognizance has been taken by the Lower Court in a mechanical manner without applying his mind to the case. On this sole ground the impugned order deserves to be quashed.