CRIMINAL MISCELLANEOUS No.10988 OF 2001 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- RAM SHANKAR CHOUDHARY, S/O SRI GANGOTRI PRASAD, RESIDENT OF VILLAGE SHAMBHO, P.S. NAYAGAON (SHAMBHO), DISTRICT BEGUSARAI. ... ... PETITIONER. Versus THE STATE OF BIHAR ... OPPOSITE PARTY. ---- For the Petitioner : M/S Ashwani Kumar Singh, Sr.Adv. Jai Prakash Singh, Adv. Pankaj Kumar Singh, adv. For the State : Mr. Shiwesh Chandra Mishra, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh kumar,J. Heard Shri Ashwani Kumar Singh, learned counsel appearing on behalf of the petitioner and Shri Shiwesh Chandra Mishra, learned Additional Public Prosecutor appearing on behalf of the State. 2. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 25.10.2000 passed in G.R. Case No.1534 of 2000 arising out of Barauni P.S. Case No.264 of 2000 by Shri K.N. Tewary, learned Additional Chief Judicial Magistrate, Begusarai. By the said order, the learned Magistrate has taken cognizance of offence under Section 47(A) of the Excise Act. The sole ground, which has been taken in the present case for quashing of the order of cognizance is that 2 Sub Inspector of Police was not authorized to register or investigate the case in relation to offence under the Excise Act. Learned counsel for the petitioner has also relied on an order of this Court, which is Annexure-3 to this petition. 3. In view of the fact that only the jurisdiction of the police officer was challenged in the present case, there is no need to give the facts of the case. The court is of the view that there is no such provision under the Excise Act restraining a police officer to register or investigate a case in relation to offence committed under the Excise Act. 4. I do not find any merit in the present petition and petition stands rejected. However, liberty is granted to the petitioner to raise all the points, which have been raised in the present petition or any other points at any appropriate stage. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 22.9.2010 N.A.F.R./N.H.