Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27108 of 2010 ====================================================== Birendra Sao, son of Mano Sao, resident of village Mafi, P.S.Asthawan, District Nalanda .... .... Petitioner/s Versus Tht State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE MR. JUSTICE VIKASH JAIN) 2 25-01-2012 1. The present application has been filed for quashing the order dated 29.03.2010 in Asthawan P.S.Case No. 17/2010 by the learned Chief Judicial Magistrate, Biharsharif, Nalanda whereby cognizance under [STATUTE] and 47(A) of the Excise Act has been taken against the petitioner. 2. Learned counsel for the petitioner challenges the validity of the prosecution on the ground that the investigation has been conducted by the Assistant Sub Inspector of Police being not a person competent to investigate a case under section 47A of the Excise Act and specific objection in this regard has been taken in para 7 of the present petition. In this connection he further refers to the FIR from which it is apparent that the Assistant Sub Inspector of Police Sri Deodeep Singh was entrusted with the investigation of the case. Patna High Court Cr.Misc. No.27108 of 2010 (2) dt.25-01-2012 2 3. Learned counsel for the State appears and has been heard. 4. I find that the issue under consideration stands already decided by an earlier decision of this Court in Cr. Misc. No. 3605 of 1998 reported in 2010 (2) BBCJ V-253 which in turn relied on a Division Bench decision of this Court in Cr. Misc. No. 3194 of 1998 holding as under :- “The cognizance has been taken upon the charge sheet submitted by the Sub-Inspector of Police who is not an Excise Officer as required under Section 87 of the Excise Act. Therefore, in view of this prosecution of the petitioner cannot be allowed to continue.” 5. In view of the position of law as obtaining from the said decisions the impugned order of cognizance dated 29.3.2010 in Asthawan P.S.Case No. 17/2010 is hereby quashed and the petition is allowed accordingly. Chandran (Vikash Jain, J.)

Applicable IPC Section: 290

Statute Text:
Section 290 of the Indian Penal Code. Committing a public nuisance. Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.