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2017 Supreme(Pat) 336

RAJEEV RANJAN PRASAD
Bharat Sugar Mill – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: M/s Y.V. Giri, Ashish Gir.
For the Opp. Party : Mr. Ahmad Ali.

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 (regul














































































































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