The Excise Inspec tor (Molasses), Bagpat Co-operative Sugar Mills Ltd. , filed a criminal com plaint against M/s. Bagpat Co-operative Sugar Mills Ltd. , Bagpat, District Meerut through its Occupier and General Manager and three others for their prosecution under Section 11 of U. P. Sheera Niyantran Adhiniyam 1964 (hereinafter referred to as the adhiniyam) on the ground that the petitioners (accused) had not followed the provisions of Section 5 (a), 5 (b), 5 (c) and 5 (d) of the Adhiniyam. The learned Magistrate took cognizance and sum moned the accused to face trial. In pur7 sunance of the summons issued to the accused petitioners, they appeared before the learned Magistrate and applied for bail which was granted. Subsequently the accused have filed the present petition under Section 482, Cr. PC. for quashing of the complaint and all proceedings in pursuance thereof which are pending in the Court of learned Magistrate.

2. Shri U. S. Awasthi learned Counsel for the petitioner has submitted that the learned Magistrate erred in taking cog nizance of the offence as the complaint had not been filed by a person who was com petent to do so under Section 13 of the Adhiniya