BHAVNEET SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this criminal revision application filed under sections 397 and 401 of the Code of Criminal Procedure, the petitioners have prayed for quashing the order dated 6-6-2003 passed by the Judicial Magistrate, 1st class, Bokaro in G.R. case No. 11 /2001 whereby the discharge petition filed by the petitioners has been dismissed and they were directed to be present for framing of charge.

(2.) The aforesaid case was instituted on the basis of a written complaint filed by the Excise Inspector before the Officer Incharge of Bokaro police station. For the years 2000-2001, in the district of Bokaro, 48 retail foreign liquor shops and 23 spiced country spirit shops were settled in one lot with the petitioners as also one Hardip Singh and Deepak Kumar Patel by the Deputy Commissioner, Bokaro. It was alleged that the licensees were not able to lift the required quota of liquor and thereby caused losses of revenue. On raid being conducted by the Excise department, large number of liquors obtained from unauthorized sources, were recovered which resulted in cancellation of the shops being Nos. 21 and 31 which were fixed for re-auction. It was alleged that the order of the Deputy Commissioner was challenged upto the Member Board of Revenue in revision and the order was stayed. The allegation is that although there was no stay of the auction of the shops in question but the petitioners misrepresented before the authorities and gave wrong information to a Government servant in order to mislead them.

(3.) The Magistrate, after hearing the petitioners on the discharge petition and after considering the evidence on record, came to the conclusion that the allegation discloses an offence punishable under sections 469/ 468/471/420 and 409 of the Indian Penal Code. The Magistrate also recorded a finding that prima facie it is evident that the accused persons misrepresented and falsely communicated to the Deputy Commissioner, Bokaro that the Board of Revenue stayed the re-auction of all 31 foreign made wine shops and 21 spiced country made wine shops.