PRITHVI CHAND KHANDELIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application to quash the order dated 25-10- 1984 by which the learned Chief Judicial Magistrate, Motihari, has taken cognizance for an offence punishable under Section 52 of the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 and transferred the case for trial to another Magistrate.

(2.) The first petitioner is the occupier of M/s Bharat Sugar Mills Ltd., the second petitioner is the General Secretary of Sidhwalia Sugar Mills and the third petitioner is the Manager of Sidhwalia Sugar Mills.

(3.) Opposite party No. 2, who is a Cane Officer, filed a complaint on 5-1- 1984 alleging therein that Baraia Tola Rajapur Road purchasing Centre falls within the free area Sidhawalia Sugar Mills since so many years used to purchase sugarcane from the said centre. Por the crushing season 1982-83 in exercise of power under Section 13(8) of the Act the Cane Officer vide his memo No. 183, dated 19-4-1963, had directed the Mill to purchase 80,000 quintals of sugarcane from the said purchase centre, in anticipation that by purchase of 80,000 quintals of sugarcane all the available sugarcane at the purchasing centre will be disposed of. The allegation is that Sidhwalia Sugar Mills purchased only '70,000 quintals of a sugarcane leaving the remaining sugarcane in the area. Under sub-section (8) of Section 13 of the Act, the Cane Officer is empowered to issue instruction for equitable purchase of cane as he deems necessary and such instructions has to be complied with immediately. There is proviso to this sub-section which we have no concerned.