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1997 Supreme(Pat) 62

ASHISH N.TRIVEDI
Hira Lal Bahoti – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners:Mr. Y.V. Giri, Sr. Advocate and Mr. M. N. Parbat Advocate.
For the Respondents: Mr. T.N. Matin, G. P. I and Mrs. Pushpa Sinha, J.C. to G.P.I.

JUDGMENT

Ashisb N. Trivedi, J.

The petitioners have prayed for quashing of the First Information Report of Chhatauni police Station Case No.9 of 1992 under Sections 420, 467, 468, 471 and 1208 of the Indian Penal Code and under the provisions of the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 and have further prayed that the Respondent be commanded not to proceed with the further investigation in the said case.

The Petitioner No. 1 is the Executive President/General Manager and the Petitioner No.2 is the Vice President/Cane Manager at the Motihari Sugar Factory, East Champaran. The case of the petitioners is that the purchase, supply, opening and closing of purchase centres etc. relating to sugarcane are regulated by the Bihar Sugarane (Regulation of Supply and Purchase) Act, 1981 which also provides for the procedure for institution of proceedings for violations of the provisions of the Act and the penalty for the offences under the Act has also been prescribed. Sri Daya Shankar Pandey, Executive Magistrate, Sadar, Motihari, Respondent No. 4 reported to the Officer-in-Charge, Chhitauni Police Station, Respondent No.3 alleging certain irregularities in the matter of



























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