CHHANGANI, J.—This is a reference by the Additional Sessions Judge, Jaipur City, recommending that the order of the Municipal Magistrate, First Class No. 2, Jaipur, dated 2-1-1964 issuing process against the accused-petitioner Bijai Lal, be set aside.

2. The facts giving rise to the present reference are briefly as follows—

That there is a cinema house Ganga Talkies at Sanganeri Gate, Jaipur. One Gopal Chand was given a contract to run a restaurant in the premises of the cinema house to cater to the needs to the cinema visitors and other persons also. Gopalchand had not obtained the requisite licence as required by Rule 80 of the rules made under the Prevention of Food Adulteration Act. On 2nd January, 1964 the Perokar of the Municipal Council, Jaipur presented, after obtaining the consent of the local authority, a complaint against Gopalchand only for offences punishable under section 16 of the Prevention of Food Adulteration Act (hereafter referred to as the Act) read with rule 50 of the rules. The Municipal Magistrate not only issued process against Gopalchand but also against the petitioner Bijailal on the ground that he being the manager of the cinema house was also liable for the offence committed by the contractor for running a restaurant without a licence. The petitioner Bijailal feeling aggrieved by the order of the Magistrate issuing process against him, presented a revision application which was disposed of by the Additional Sessions Judge, Jaipur City. The Additional Sessions Judge having observed that "there was no proper sanction for the initiation of the proceedings against the petitioner" has made the present reference recommending that the proceedings against the petitioner by quashed.

3. The accused-petitioner Bijai Lal did not care to appear in this Court. The Deputy Government Advocate, was, however, heard and he has supported the order of reference.

4. The question of law arising for determination in this case is whether a Magistrate taking cognizance of an offence under the Act on a complaint filed against some person or persons after a proper compliance with the provisions of sec. 20 of the Act can issue process and initiate prosecution against other persons appearing to be concerned in the commission of the offence without there being a specific complaint against them by or with the consent of the authorities or persons specified in sec. 20. The relevant statutory provision contained in sec. 20, sub-sec. (1) reads as follows:—

"No prosecution for an offence under this Act shall be instituted except by, or with the written consent of, the State Government or a local authority or a person authorised in this behalf by the State Government or local authority."

It is true that sec. 20 uses the expression "no prosecution for an offence" and not "no prosecution of an offender." But, the question, however, is whether the use of this language can be reasonably interpreted to authorise a Magistrate to take cognizance of an offence against persons whose prosecution was not initiated by the authorities specified in sec. 20. The Magistrate in support of his view, in his explanation dated 21st July, 1964, relied upon the following observations from Sudhir Ranjan Roy Chowdhury Vs. N.K. Mazumdar (1):—

"The ordinary rule is that when a Magistrate takes cognizance of an offence he takes cognizance of the case as a whole, and is empowered to summon all persons against whom there appears to be any reason for their prosecution, even though their names are not mentioned for this purpose in the petition of complaint."

It will be useful to point out here that the learned Judge in that very case added that special considerations might arise in a prosecution under the Companies Act. It appears that the learned Judge in this case laid down an ordinary rule which has to be adopted only when the prosecution is under the general law and there are no special considerations. Now, sec. 20 of the Act clearly implies that the legislature has tho

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