CRIMINAL MISCELLANIOUS No.14468 OF 2004 (In the matter of an application u/s 482 of the Code of Criminal Procedure.) ********* 1. M/S RAJESH AGENCY,BARA BAZAR,KATIHAR, P. S. And Distt. Katihar through its proprietor Rajesh Kumar Chamaria @ Rajesh Chamaria son of Sri Krishna Chamaria, Resident of Bara Bazar, Katihar, P.S. and Distt- Katihar 2. Rajesh Kumar Chamaria @ Rajesh Chamaria son of Sri Krishna Chamaria, resident of Bara Bazar, Katihar, P.S. and District- Katihar. ------------Petitioners Versus 1. STATE OF BIHAR 2. G.P.Singh, S/o not known, Authorised Signatery, Lumbini Beverages Pvt. Ltd. H2EP1P, Industrial Area, Hajipur --------Respondents For the Petitioners :- Mr. S. K.Das, Adv. Mr. Ratna Das, Adv. For the State:- Mr. C. Jawahar, APP ********* P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********** Anjana Prakash, J. Heard learned counsel for the petitioners and the State. The petitioners seek quashing of the entire proceeding including the order dated 1.8.2001 and 29.9.2001 by which cognizance/charge was framed under Sections 420, 470, 273 of the Indian Penal Code and Section 49 of the Bihar Finance Act in G.R. No. 652 of 2001/ T.R. No. 398 of 2004 (Town P.S. Katihar Case No. 142 of 2001) pending before 2 Judicial Magistrate, Ist Class, Katihar. On 20.9.2005 the opposite party no. 2 was impleaded and notices were issued to him in pursuant to which he appeared and thereafter on 5.12.2005 the matter was admitted for hearing. In the meanwhile the further proceedings in the Court below were stayed. The case of the opposite party no. 2 is that the accused persons who were previously stockist of the informant were transporting Pepsi range of drinks from Eastern West Bengal to Katihar thereby causing loss of revenue to the Government. He further alleged that his wholesellers at Katihar were being put to loss since the accused were getting the Pepsi and soft drinks of Bhutan and West Bengal. On this complaint a case under Section 420/272/273 I.P.C. and Section 49 of the Bihar Finance Act, 1981 was instituted against the accused persons and charge sheet was also submitted under the same sections after close of investigation. The submission of the counsel for the petitioner is that from the facts of the case no offence under Sections 272, 273 and 420 I.P.C. is made out where Section 49 of the Bihar Finance Act 3 is concerned no cognizance under the same could be taken without the previous sanction of the Commissioner as provided under Section 49 (5) of the Bihar Finance Act, 1980, which admittedly had not been taken. On going, through the complaint I find there is total absence of any ingredient which would justify the petitioners’ prosecution under Sections 272, 273, 420 of the Indian Penal Code and also they could not be tried under the provisions of the Bihar Finance Act unless sanction was obtained from the Commissioner as enjoined by Section 49 (5) of the Bihar Finance Act. In view of such, this application is allowed and the orders dated 1.8.2001 and 29.9.2001 passed by Judicial Magistrate, 1st class, Katihar in G.R. No. 652 of 2001/T.R. No. 398 of 2004 arising out of Katihar Town P.S. Case No. 142/2001 is hereby quashed. Patna High Court Dated 15th of July, 2010 Anand Kr./NAFR (Anjana Prakash, J.)