A H WHEELER AND COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Sec. 482, Cr. P.C. has been filed by the petitioner A. H. Wheeler and Company Pvt. Limited, Muzaffarpur, through T. K. Bhattacharya (hereinafter referred to as the 'Company') -the 1st party in the proceeding under Sec. 144, Cr. P.C. for quashing an order dated 16 -4 -87 passed by Sri J. Jha, Sub -divisional Magistrate, Muzaffarpur East, directing the parties to keep peace and putting back opposite party, 2nd party Chandreshwar Singh in the possession of the book stall at Muzaffarpur Railway station.

(2.) It has been stated on behalf of the petitioner that the company is a licensee from the Government of India (Ministry of Railways) to carry on sales of books, magazines etc. on different Railway stations including Muzaffarpur Railway station and the Railways grant permission to the Company to install their book stalls on the Railway platforms. At the Muzaffarpur railway station the company has three book stalls and two mobile trolleys. The Company appoints agent under written agreement to effect the sales at their book stalls on commission basis. These agreements are renewed from time to time and the Company supplies books, magazines etc to these book stalls for sale. The company pays royality to the Railways on the sales effected by them.

(3.) The company had appointed Chandreshwar Singh, 2nd party, opposite party as an agent of the company at their book stalls at Muzaffarpur under written agreement. His agency was renewed by the company from time to time and the last agreement was executed on 22 -3 -77/23 -3 -77 at the head office of the company at Allahabad between the company and the opposite party. This agreement is Annexure -1 to this petition. In pursuance of the agreement the company has been supplying book stalls, furnitures, fixture , stock of books and the magazines etc. and the 2nd party had been selling the books and magazines on the basis of the commission and the opposite party, 2nd party had been sending material accounts to the Company's office at Allahabad and thereafter the company used to pay to opposite party, 2nd party his commission accordingly.