BISHWANATH KEJRIWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been heard along with Criminal Miscellaneous Nos. 2100 of 1975 and 67 of 1975. Normally I should have decided the three applications together, but having regard to the different contentions arising in the three cases, I will deal with each of them separately. This judgment of mine shall govern only Criminal Miscellaneous No. 52 of 1975.

(2.) By this application, the petitioners pray, for quashing the criminal proceeding started against them which arises out of Bhagalpur P. C. Case no 2 of 1974.

(3.) A complaint was filed by the Supply Inspector, Bhagalpur, on the 7th of April, 1974, before the Chief Judicial Magistrate, Sadar Bhagalpur, complaining against 24 persons. With regard to the first named accused, who is not a petitioner here, the allegation was that he had illegally, without having a licence kept in his stock cloth for sale. The allegation against the rest of the accused persons was that they had concealed their stock of cloth with accused No. 1 of the 24 persons accused in the said petition of complaint, eight of them have moved this court by this application. They are mentioned in the petition of complaint at serial Nos. 5, 6, 8, 9, 10, 11, 23 and 24