SYAM SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have moved this Court under Section 482 of Code of Criminal Procedure (in short 'the Code') of for quashing the entire criminal proceeding including the order, dated 23-8-1983 whereby the learned Sub-divisional Judicial Magistrate, Jhanjharpur has taken cognizance against the petitioners under Section 7 of the Essential Commodities Act (in short 'the E. C. Act).

(2.) The facts which led the filing of this application, in short, are that on 13-6-1983, the Marketing Officer, Jhanjharpur lodged a complaint before the Chief Judicial Magistrate, Jhanjharpur alleging, inter alia, that on 20-2-1983 he had gone to inspect the brick kiln of the petitioners at 12.00 noon and demanded production of stock register and cash memo which could not be made available to him. It was further alleged that the petitioners had also not displayed the stock position and price of the brick at a conspicuous place as envisaged under the provisions of Bihar Essential Commodities (Price and Stock Display) Order, 1976 (in short 'the Display Order'). A copy of the complaint petition is Annexure-1 appended to this application.

(3.) On the basis of the complaint petition, the cognizance was taken as indicated above.