SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE criminal miscellaneous applications relate to similar matter, though the different complaint petitions were filed. The petitioners of these applications have challenged the order of cognizance dated 13.4.2006 passed by the Additional Chief Judicial Magistrate, Barh, Patna in Complaint case Nos. 55(G.C) of 2006, 40(G.C.) of 2006, 34(G.C ) of 2006, 44(G.C.) of 2006, 22(G.C.) of 2006 and 52(G.C.) of 2006 thereby and thereunder the Court below has taken cognizance under Section 48 of the Bihar Agricultural Produce Markets Board Act, 1960 against all the petitioners on the basis of complainant lodged by the then Secretary of Agriculture Market Committee, Sri Arya Jairaj Gupta.

(2.) HEARD learned counsel for the petitioners as well as the State.

(3.) THE main contention of the learned counsel for the petitioners is that there is specific provision under Sec. 49 (2) of the Bihar Agricultural Produce Markets Act, 1960 that no Court shall take cognizance without prior sanction of the Market Committee. However, in this case the Secretary of the Committee has lodged complaint case at his own initiative without obtaining sanction of the Marke committee. For this the learned counsel for the petitioners has relied on a decision of this Court reported in 1986 PLJR (NOC) 77 (M/s Kailash Flour Mills and other vs. The State of Bihar) as well as (1995)3 SCC 276 (Secretary Agricultural Produce Market Committee vs. Varadayana Shenoya and Others).