SRI RAM TALLIES Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioners and learned Counsel for the State.

(2.) THE Petitioners seek quashing of the first information report registered as Bhawanipur RS. Case No. 33 of 2002 under Section 7(4) of the Bihar Cinemas (Regulation) Act, 1954 (hereinafter referred to as "the Act").

(3.) LEARNED Counsel for the Petitioners relied upon Section 7(4) of the Act to submit that for an offence under the Act, for alleged running a cinema hall without a licence, there was a bar in institution of a First Information Report much less of taking of cognizance unless the same was in the form of a complaint made by the District Magistrate or any other Officer duly authorised by him. Learned Counsel further relied upon Sec. 2(d) of the Code of Criminal Procedure (hereinafter referred to as "the Code") to submit that a Police report is not included within the word Complaint. He placed reliance upon a decision of the Supreme Court reported in AIR 1962 SC 1206 (Daulat Ram V/s. State of Punjab). The first information report was, therefore, liable to be quashed as without jurisdiction and the Order of cognizance accordingly be annulled.