TEJ KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioner against the order dated 5.2.2014 passed m Additional Sessions Judge, Ratangarh, District Churu (for short 'the Revision Court' hereinafter) in Cr. Revision No. 11/2013, whereby the revision petition filed by the petitioner against the order dated 2.9.2013 passed by the Addition Chief Judicial Magistrate, Ratangarh, District Churu (for short the 'Trial Court hereinafter) of taking cognizance against the petitioner for the offence punishable under Sections 19/54, 19/54-A of the Rajasthan Excise Act, 1950 (for short 'the Act of 1950' hereinafter) has been dismissed.

(2.) The only contention, raised on behalf of the petitioner before the Revisional Court, while challenging the order dated 2.9.2013 passed by the Trial Court, was that the Trial Court took cognizance against the petitioner without taking special sanction from the State Government as provided under sub-1 section (2) of Section 67 of the Act of 1950.

(3.) It is contended that the incident, for which the F.I.R. was lodged against the petitioner, had taken place on 13.4.2012, whereas the Trial Court took the cognizance against the petitioner on 2.9.2013, which is clearly after a year from the date of incident and no special sanction from the State Government has been obtained for taking the cognizance as per the provisions of sub-section (2)1, of Section 67 of the Act of 1950.