BISHNU KUMAR SUREKHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners for quashing the order dated 04.07.2013 passed by the learned Chief Judicial Magistrate, Gopalganj in G.C. No.14 of 2013 corresponding to Trial No. 1353 of 2013 by which the cognizance has been taken against the petitioners under Section 52 of the Bihar Sugar Cane (Regulation of Supply & Purchase) Act, 1981 and summons have been issued for appearance on 14.10.2013.

(2.) The complaint has been filed by the opposite party no.2 i.e. the Cane Officer, Gopalganj under Section 53 of the Bihar Sugar Cane (Regulation of Supply and Purchase) Act, 1981 (hereinafter referred to as the 'Cane Act') for institution of a case against the petitioners. It has been alleged that on 06.03.2013 at about 2:40 p.m., the Principal Secretary, Sugar Cane Department along with Assistant Cane Commissioner, Bihar, Patna made a general inspection of Purchase Cane Centre being operated by the Sidhwalia Sugar Mill. During the course of inspection, the weight was inspected in which the weight of the departmental car bearing registration no. BR 01 PD 8445 was taken to be 20.84 quintal whereas the weight of the same car taken earlier in the weight bridge located at the Sidhwalia Mill Gate was found to be 22.30 quintal. Thus, there a difference of 1.46 quintal was noticed causing loss to the farmer which was violative of Sections 28 and 39 of the Cane Act and the Rule 24(1)(i) of the Bihar Sugarcane (Regulation of Supply and Purchase) Rules, 1978 (hereinafter referred to as the 'Rules').

(3.) Pursuant to the aforesaid complaint, the learned Chief Judicial Magistrate, Gopalganj vide order dated 4th July, 2013 took cognizance of the offence under Section 42 of the Cane Act and summoned the petitioners to face trial.