M/S BENEDICTS LABORATORY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 21.11.79 passed by Sri M. Mishra, Chief Judicial Magistrate, Patna. The prayer of the petitioner is to quash the entire proceeding against him, which has been initiated on the report of the Asst. Sub -Inspector of Police, Pirbahore. Short fact of the case is that the Asst. Sub -Inspector of Police, Pirbahore, Patna lodged a complaint against the petitioner on the allegation that the shop of the petitioner was open at the time when it ought to have been closed, which was in violation of Sec. 7 of the Shops and Establishment Act. On the said complaint a case being Pirbahore Police Station Case No. 488 dated 11th October, 1979 was instituted. The learned Magistrate has taken cognizance and a proceeding against the petitioner has been initiated. It is against this order of cognizance, dated 21.11.1979 that the petitioner has come to this Court for the quashing of the entire proceeding.

(2.) The only point raised by the petitioner is that the said Asst. Sub -Inspector of Police had no authority under the Shops and Establishment Act to lodge any complaint under Sec. 7 of the Act, as he was not an Inspecting Officer within the meaning of the Government of Bihar Act 8 of 1954, nor he was a person authorised by the Government.

(3.) Learned Counsel for the State has taken many adjournments for taking instructions from the Government on the point whether the said Asstt. Sub -Inspector of Police was authorised to act as an Inspecting Officer within the meaning of the Act or not. But he has not been able to receive any information or instructions from the Government on this point. In the circumstances, when the Act does not disclose anything with regard to the inspection of the police and to institute a se under the said Act, in absence of any authority the initiation of the proceeding at the instance of the police is wrong and without jurisdiction. In the aforesaid circumstances, there is no option but to quash the entire proceeding against the petitioner. The application is accordingly allowed.