S. K. Kaul, J.

1. THIS is a petition u/Sec. 482 CrPC with a prayer that the proceedings pending in the Court of the Magistrate u/Sec. 60 Excise Act may be quashed on the following grounds :-

(1) That the investigation in this case was not finished within six months as provided by sub-section (5) of Section 167 CrPC and since no permission of the Magistrate was obtained by the I. O. to continue investigation, the Magistrate could not have taken cognizance of the complaint moved before him on the basis of this investigation.

(2) The second ground was that more than ten hearings took place for adducing prosecution evidence. The prosecution evidence were not given with the result that the accused was being harrassed and as such proceedings should be dropped.

(3) The third ground was that Chief Judicial Magistrate concerned was on leave when the charge sheet was submitted. The Incharge Chief Judicial Magistrate should not have taken cognizance of the charge sheet and as such the cognizance in this case was not legal.

(4) The last point was that the trial of the two petitioners was not proper in as much as the recovery of bottles of liquor from their individual possession was a separ