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1988 Supreme(Pat) 222

BHUVANESHWAR PRASAD
Mohd. Iqbal Ahmad – Appellant
Versus
State Of Bihar – Respondent


Judgment

Bhuvaneshwar Prasad, J.

1. This is an application under Sec.482 of the code of Criminal Procedure, 1973 (hereinafter called thecode. It is directed against the order dated 4-9-1982 passed by the Chief Judicial Magistrate, mctihari, in Suit No.61-OC/82 taking cognizance of the offence under Section 52 of the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 (Bihar act 37/82 (hereinafter called the act against the present petitioners. Petitioner no.1 is one of the Directors of M/s. Sugauli Sugar Works Limited ; petitioner no.2 is the Welfare Officer-cum-Works Manager and petitioner No.3 is the manager of M/s Sugauli Sugar Works Limited which is a company incorporated under the Indian Companies Act.

2. It appears that the Cane Officer, Motihari (Opposite party No.2) had filed a prosecution report, dated 5-7-1982 against the present petitioners before the learned Chief Judicial Magistrate, Motihari. In this prosecution report the cane Officer alleged that M/s. Sugauli Sugar Works had set up several weigh bridge for purchase of sugarcane supplied to it. On 29-3-1982 "the Joint Cane commissioner held a spot inquiry and verified the weighment of cane carts by the emplo











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