RAJ KUMAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the order dated 2nd September, 1986 of the 1st Additional Sessions Judge, Begusarai.

(2.) The case of the prosecution in brief is that on 21st April 1982 at about 4.36 P.M.B.P. Ambastha, Labour Superintendent-cum-Labour Inspector visited the grocery shop of the applicant at Mungeriganj, Begusarai and found his shop open although it was a weekly holiday. The applicant, who was transacting business with the customers, was asked to produce the relevant registers for inspection but he refused to do so.

(3.) The applicant was, accordingly, tried by the Sub-Divisional Judicial Magistrate, Begusarai under Section 34 of Bihar Shops and Establishment Act 1953, for violating the provisions of Sections 12.(1) and 33 (I) and (II) of the Act. On his coming to the conclusion that the prosecution has succeeded in proving its case beyond reasonable doubt convicted the applicant under Section 34 of the Act and sentenced him with a fine of Rs. 250/- and in the event of default to undergo R.I. for one month. The applicant filed appeal to the Sessions Judge, Begusarai which was allowed by 1st Additional Sessions Judge on 2-9-1986 and the case was remanded to the trial court for deciding it afresh in accordance with law. Feeling aggrieved the applicant has filed this revision.