IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.1173 of 2010 1. MADAN MOHAN PRASAD VERMA, son of (Late) Gora Chand Lal, Proprietor of Shekhar Talkies, Muzaffarpur, resident of Mohalla- Sikandarpur, P.S.Town, District Muzaffarpur. 2. RAJESHWAR LAL son of Ram Narayan Lal, Manager, Shekhar Talkies, Muzaffarpur, at present resident of Gola Bandh Road, Rajendra Marg, At & P.O. Muzaffarpur, District Muzaffarpur. ---Petitioners Versus 1. STATE OF BIHAR. 2. The District Magistrate-cum-Licensing Authority, under Cinematograph Act, Muzaffarpur. 3. Dy. Collector-in-Charge, General Section, Muzaffarpur Collectorate, Muzaffarpur. 4. District Cinema Magistrate, Muzaffarpur. 5. Superintendent of Police, Muzaffarpur. 6. Officer-in-Charge, Mithanpura Police Station, Muzaffarpur. ---Respondents ----------- 4. 1.4.2011 Heard learned counsel for the petitioners and the State. The petitioners pray for quashing of Mithanpura Police Station Case No.73 of 2010 registered on 9th of April, 2010 for the alleged offences registered under sections 406 and 409 of the Penal Code and sections 15, 16 and 17 of the Cinematograph Act. It is submitted on behalf of the petitioners that on perusal of the First Information Report, as contained in Annexure 1, it would appear that no cognizable offence has been disclosed. The only allegation, in sum and substance, is that the petitioners did not pay the entertainment tax and, as such, the aforesaid criminal case was registered. It is further submitted that for the similar set of allegations, the petitioners were directed to stop running the film in the cinema hall as per Annexure 2, which was stayed by this Court - 2 - in civil writ application vide CWJC No.8935 of 2010, as contained in Annexure 3. Learned counsel appearing for the State, on the other hand, submits that the direction not to exhibit the film in the cinema hall on account of non-payment of entertainment tax is another aspect and so far withholding the entertainment tax, which was entrusted to the petitioners through the cinema tickets by the persons obtaining the tickets, which included the payment of entertainment tax as well, and not depositing the same is a clear case of criminal breach of trust, which is a cognizable offence. Notwithstanding the rival submissions of the parties, it goes without saying that aforesaid Mithanpura Police station Case No.73 of 2010 needs to be investigated at the earliest. Accordingly, it is directed that let the investigation of the aforesaid case be expedited without unnecessary delay and upon completion of the investigation, police report be submitted forthwith. In the meantime, till submission of the police report, no coercive steps be taken in connection with Mithanpura Police station Case No.73 of 2010 against the petitioners, who will co-operate with the investigation of the aforesaid case. The writ application stands disposed of. Let a copy of this order be communicated to the court of Chief Judicial Magistrate, Muzaffarpur, in connection with Mithanpura P.S. Case No.73/10 through fax on the cost being deposited by the petitioners. PNM (Shailesh Kumar Sinha, J.)