Judgment

BHAGWATI, J. - There is a club in Patna called Bankipore Club. The appellant is the Honorary Secretary of that club. It appears that at about 10.25 p.m. on 31 December 1975 when the New Year eve was being celebrated at the Club, a raid was carried out by the Assistant Commissioner of Excise, Inspector of Excise and Sub-Inspector (Excise) and it was found that two women and five men were singing and dancing in the club premises. The Excise Inspector filed a complaint against the appellant on 2nd January, 1976 charging him with having committed offences under S. 54 (1) (a) and S. 57 (c) of the Bihar and Orissa Excise Act 1915. The allegations on the basis of which the complaint was filed are material and we may set them out in extenso:

"A Cabaret dance with women was in progress at Bankipur Club, Patna. Two women and five men were singing and dancing. This dance was being performed inside the premises of the Bankipur Club, Patna before a large gathering of men and women. I asked Dr. Sharda Prasad Singh, Honorary Secretary and his Manager Sri Banke Bihari Prasad Sinha to show the permission obtained from the District Magistrate or form any other authority for organising the Cabaret dance because licence vending off foreign liquor is given to Bankipore Club in form 2. The validity period of licence is from 1-4-75 to 31-3-1976 and under Sec. 25 (2), conducting of Cabaret dances without obtaining the prior permission from any proper authority is illegal. Dr. Sharda Prasad Singh who is Honorary Secretary of Patna Bankipore Club did not show any permission of the District Magistrate or of any other authority for conducting the Cabaret dance and he said that he had not obtained any such permission.

Therefore, Dr. Sharda Prasad Singh, Honorary Secretary is guilty of the aforesaid offence. It is therefore, prayed that Dr. Sharda Prasad Singh, Honorary Secretary be prosecuted in a Court of law for violating Section 54 (a) and Sec. 57 (c) of the Excise Act for which I have been authorised to submit charge-sheet to him by the District Magistrate, Patna."

These allegations according to the appellant did not constitute any offence and hence the appellant filed an application in the High Court of Patna under Sec. 482 of the Code of Criminal Procedure for quashing the order passed by the Sub-Divisional Magistrate, Patna taking cognizance of the offences charged against the appellant. The High Court by an order dated 4th February, 1976 summarily rejected the application. The appellant thereupon preferred an application to the High Court for leave to appeal to this Court, but this application was also rejected by the High Court on the ground that the allegations set out in the complaint made out a prima facie case against the appellant. This led to the filing of the present appeal with special leave obtained from this Court.

2. It is now settled law that where the allegations set out in the complaint or the charge-sheet do not constitute any offence, it is competent to the High Court exercising its inherent jurisdiction under S. 482 of the Code of Criminal Procedure to quash the order passed by the Magistrate taking cognizance of the offence. The question which, therefore, arises for consideration is whether the allegations set out in the complaint constitute any offence against the appellant. The offences charged against the appellant are under Sec. 54 (1) (a) and S. 57 (c) of the Act, Section 54 (1) (a) provides that if any licensed vendor or any person in his employ and acting on his behalf, in contravention of S. 25, employs or permits to be employed, in any part of his licensed premises referred to in that section, any person under the age of 18 years or any women, he shall be liable to fine which may extend to Rs. 500/-. It is an essential ingredient of this offence that the licensed vendor should employ or permit to be employed any women in any part of his licensed premises in contravention of S. 25. Now there can be no doubt that the