OM PRAKASH AGARWALA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has filed the instant application praying for quashing the entire criminal proceedings including the order of cognizance dated 12-2-2002 passed by the learned CJM, Ranchi in C/iii Case no. 40 of 2002 for an offence under Section 48 of the Bihar Agricultural Produce Markets act which is now pending in the Court of Sri Santosh Kumar, Judicial Magistrate, Ranchi.

(2.) THE case against the petitioner was registered on the basis of a complaint dated 11-2-2000 filed in the Court of the CJM, ranchi, by the Agriculture Produce Markets committee through its Secretary alleging inter alia that the accused persons are traders as defined under Section 2 (w) of the bihar Agriculture Produce Markets Act (hereinafter referred to as the Act) engaged in business of ply board, ply patti and other similar commodities which are agriculture produce as defined under Section 2 (1) (a) of the Act vide notification of the State of Bihar vide SO No. 2531 dated 31-8-2000 published on 23-10-2000 in the official gazette. Pursuant to the notification, the Market committee issued notice to the accused persons on 13-11-2000 followed by similar notices issued on 18-11-2007, 27-1-2001 by registered posts calling upon them to obtain licence and pay market fees as per rules under the Act, but the accused persons did not comply with the instructions. Contending that the act of the accused persons is in violation of Section 27 of the Act and Rules 82 and 98 of the Rules under the Act, which act is punishable under Section 48 of the act, the complaint was filed. It is further stated that the Secretary under whose signature the complaint was filed is authorized to grant sanction under Rule 132 of the rules under the Act as amended in 1996 and he has accordingly granted sanction for prosecuting the accused persons as required under Section 49 of the Act,

(3.) ON receipt of the complaint, by order impugned dated 12-2-2002, the Chief Judicial magistrate took cognizance of the offence under Section 48 of the Act and ordered issuance of summons against; the accused persons directing them to appear and face trial before the transferee Court.