S. K. Sahoo, J. - (1.) This is an application under section 482 of Cr.P.C. filed by the petitioners Puranmal Agarwala, Bamadev Sahoo and Jayanta Kumar Sahoo with a prayer to quash 2(a) C.C. Case No.216 of 2001/T.R. No.2542 of 2001 pending in the Court of learned S.D.J.M., Sambalpur in which after filing of the prosecution report under section 47(a)(g) read with section 55 of the Bihar and Orissa Excise Act, learned Court has taken cognizance of such offences vide order dated 14.12.2001 and issued process against the petitioners.
(2.) As per the prosecution case, on 10.12.2001 the Excise Officials on suspicion detained one old oil tanker vehicle bearing registration no. OR-02A-2791 at Maneswar forest check gate and found the petitioner no.2 Bamadev Sahoo as the driver and petitioner no.3 Jayanta Kumar Sahoo as the helper of the said vehicle were transporting 16.500 metric ton of Guda molasses in the tanker. The oil tanker, the Guda molasses, R.C. book of the tanker, driving licence of petitioner no.2 and one bill were seized and seizure list was prepared. The prosecution report was submitted against petitioners nos.2 and 3 on 14.12.2001 by Sub-Inspector of Excise, Sadar, Mobile.
(3.) The petitioner no.1 is not an accused as per the prosecution report submitted in the case and process has been issued only against the petitioner no.2 Bamadev Sahoo and petitioner no.3 Jayanta Kumar Sahoo. Therefore, the petitioner no.1 who is a third party has no locus standi to challenge the criminal proceeding against petitioners nos.2 and 3.;