- (1.) Challenge in this revision application is to the order dated 22.11.2014 passed by learned Chief Judicial Magistrate, Jamtara in connection with Jamtara P.S. Case no. 61 of 2014 whereby and whereunder the learned Chief Judicial Magistrate has framed charge against the petitioners under Section 270, 272, 273 and 290 of the Indian Penal Code and Section 47(A) of the Excise Act.
(2.) A brief reference of the factual aspects would suffice the issue involved in this case. On the basis of the self -statement of the Officer in -charge, Jamtara Police Station, the present case was lodged on 10.03.2014 with the allegation that while the informant with police personnel was on patrolling duty, he received secret information that illegal wine has been stocked in Riya Electric Shop belonging to the petitioner no.1 and in the hotel of one Shiv Kumar Mandal and the same is being sold. Whereafter raid was conducted in the shop of petitioner no.1 Pintu Mandal @ Dinesh Mandal and foreign liquors were seized and similarly on conducting raid in hotel of petitioner no.2 Shib Kumar Mandal @ Shibu Mandal, wine were recovered but the owners of the said shop and hotel after seeing the police party fled away.
(3.) After completion of the investigation, the police submitted the charge -sheet under the aforesaid sections and, accordingly, the cognizance of offence was also taken by the court concerned and by the order impugned dated 22.11.2014, the learned Chief Judicial Magistrate framed the charge as indicated above. Hence, this revision.;