RAJEEV RANJAN PRASAD, J.:–Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. M/s Bharat Sugar Mill through its Executive President Sri Bishnu Kumar Surekha, Sri Bishnu Kumar Surekha and Sri Subhash Chandra Srivastava are the petitioners who being aggrieved by the order taking cognizance and issuance of summons dated 10.06.2014 passed by learned Judicial Magistrate, 1st Class, Motihari, Sadar, East Champaran in Case No. O.C. 21/2014 have challenged the same in the present application under Section 482 Cr.P.C. By the impugned order, cognizance has been taken under Section 420 of the Indian Penal Code, Sections 25 and 26 of the Legal Metrology Act, 2009, Section 39, 43, 44 and 52 of the Bihar Sugarcane Act, 1991, and under Rule 13(b) & (c), 22, 23 & 24 of the Bihar Sugarcane Rules.

3. Petitioner no. 1 is a Sugar Mill located at Sidhwalia in the District of Gopalganj, which is said to be engaged in the business of production of sugar through sugarcane by Vacuum Pan Process (VPS). It is stated that the transaction of the business of the petitioner no. 1 is covered under the provisions of the Special Enactment of the Bihar Sugarcane (regulation of supply and purchase), Act, 1991 (hereinafter referred to as the “Cane Act”), read with the Bihar Sugarcane (regulation of supply and purchase) Rules, 1978 (hereafter referred to as the “Cane Rules”). Petitioner no. 2 is the Executive President and petitioner no. 3 is the Cane Manager of petitioner no. 1.

4. According to the petitioners, the petitioner no. 1 is obliged to establish Purchase Cane Centre in the area of the villages reserved in their favour so as to enable the farmers to supply the sugarcane to the said Purchase Centre from where the sugarcane is brought to the Mill. One of such Purchase Centres has been established in Ramgarh Mahuawa, P.S. – Piprakothi in the District of East Champaran, popularly known as Ramgarh Mahuawa Purchase Centre.

5. The petitioners are being prosecuted on the basis of a complaint (Annexure-2 series to the present application) lodged by Cane Officer, Motihari on being authorized by the Cane Commissioner, Government of Bihar. It has been alleged that M/s Bharat Sugar Mill, Sidhwalia has committed an offence punishable under Section 52 of the Cane Act, Section 419 & 420 of the Indian Penal Code, and also punishable under Sections 25 & 26 of the Legal Metrology Act, 2009.

6. The allegations are that of violation of the provisions of Sections 22, 23 and 24 of the Cane Act read with Rule 39, 43 & 45 of the Cane Rules as also violation of the departmental order no. 2108 dated 24.10.2013. According to the allegation there was lesser weighment of the sugarcane and the Transporter was realizing a sum of Rs. 7/- per quintal from the sugarcane farmers in the name of loading charge. A brief description of the allegations mentioned in Annexure-2 is that in violation of Section 44 of the Cane Act at Ramgarh Mahuawa Purchase Centre. Transporter Sri Sanjay Kumar Nishad and Weighment Clerk Yogendra Singh were realizing Rs. 7/- per quintal in the name of loading charge and there was lesser weighment of sugarcane by 20-25 kgs. These acts and omissions were also in violation of the departmental order no. 2108 dated 24.10.2013 and the provisions of the Acts and Rules as mentioned above.

7. Along with the complaint presented before the learned Judicial Magistrate, 1st Class, Motihari, Sadar, East Champaran giving rise to Case No. O.C. 21/2014, an inquiry report dated 25.12.2013 was also annexed. The inquiry report is part of Annexure-2 series. The Inspecting Team no. 2 first of all got three departmental vehicles weighed, at one Trinetra Dharma Kanta, NH28, Khajuria, East Champaran and obtained weighment receipt showing vehicle no. BR01BV-9372 as 11.80 quintals, vehicle no. BR01PB-2589 showing 17.40 quintals and vehicle no. BR05P-8656 being 18.45 quintals. The Inspecting Team visited different Purchase Centres, since we are conce

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