SHAMBHU NATH SIKARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED Counsel is a permitted to make necessary correction in the petition with regard to number of police case.

(2.) LEARNED Counsel appearing for the petitioner submitted that the first information report as lodged against the accused persons for investigation and charge -sheeting the petitioner is contrary to the provision of Sec. 63 of the Standards of Weights and Measures (Enforcement) Act, 1985 (hereinafter to be referred to as the Act). This provision envisages that for any offence punishable under this Act an accused can be prosecuted only by filing a complaint under Sec. 200 of the Code of Criminal Procedure. But in the instant case, first information report was lodged which is being investigated by the police agency and subsequently, according to the provision of Sec. 63 of the Act, a complaint is also filed after taking necessary permission.

(3.) THE grievance of learned Counsel is that lodging of first information report and pursuant to that investigating the crime by the police agency is not permissible. learned Counsel appearing for the opposite party also concedes. This being so, investigation by the police agency is not in conformity with Sec. 63 of the Act which is hereby quashed.