VINOD KUMAR DUDANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under sec. 482 of the Code of Criminal Procedure has been filed to quash the order dated 11.8.2006 passed by the Sub-divisional Judicial Magistrate, Chapra in Complaint Case No. 1863 of 2005 as well as the entire proceeding of the complaint case. Learned Sub-divisional Judicial Magistrate vide impugned order has taken cognizance and issued summon against the petitioner under Sections 323, 504 and 506 of the Indian Penal Code.

(2.) It appears from the record that the complaint-opposite party no. 2 and his two brothers have several business in Chapra town. This complainant-opposite party no. 2 is running M/s Byahut Tea Company whereas his brother Bijay Kumar is running M/s. Shankar Tea Store. The petitioner was posted as Assistant Commissioner, Commercial Taxes, Saran Circle in the year 2005. On the order of Commissioner, Commercial Taxes, Bihar, Patna two teams of Commercial Taxes Officers were formed in Chapra for identifying dealers liable for registration under the Bihar VAT Act, 2005. One of the teams on 14.6.2005 surveyed the shop of M/s Shankar Tea Store, Mauna Chowk, upon which the dealer promised to apply for registration under the VAT Act within three days. The firm for the same also handed over to the owner which was received by the complainant-Opposite party no. 2. However, the dealer of M/s Shankar Store did not apply for registration till 14.7.2005. Thereafter, the petitioner directed four Commercial Taxes Officers for inspection of the shop. On 14.7.2005 the team went to the shop for inspection but were prevented by the brother of the complainant, Bijay Kumar Byahut. The matter was reported to the police and on assurance of the Superintendent of Police with regard to police help this petitioner along with the team again went for inspection of the shop but again they were prevented by the brother of the complainant. Thereafter, the first information report was lodged against the brother of the complainat before Town police which was registered as case no. 152/05.

(3.) It further appears that thereafter Bijay Kumar Byahut and Opposite Party no. 2 within a period of eight days lodged three complaint cases against the petitioner including the present one which is in question.