SHARDA PRASAD SINHA versus STATE OF BIHAR

SHARDA PRASAD SINHA versus STATE OF BIHAR

In absence of specific allegations in the complaint regarding employment of women or consumption of liquor by public in the premises, as required by statutory provisions, no offence could be said to have been made out; High Court should have quashed the proceedings under its inherent jurisdiction.

Parties
Appellant: Sharda Prasad Sinha; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
08 December 1976
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of Patna High Court Rejecting Application Under S.482 Cr PC
Outcome
Appeal allowed.
Legal Topics
Inherent Powers of High Court, Quashing of Criminal Proceedings, Ingredients of Offence Under Bihar and Orissa Excise Act
Criminal Law Inherent Powers of High Court Quashing of Criminal Proceedings Ingredients of Offence Under Bihar and Orissa Excise Act

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Parties

Sharda Prasad Sinha

Appellant

State of Bihar

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of Patna High Court Rejecting Application Under S.482 Cr PC

Legal Issues

  1. 1 Whether allegations in the complaint constituted any offence under s.54(1)(a) and s.57(c) of the Bihar and Orissa Excise Act 1915
  2. 2 Whether High Court should exercise its inherent jurisdiction under s.482 CrPC to quash proceedings

Ratio Decidendi

In absence of specific allegations in the complaint regarding employment of women or consumption of liquor by public in the premises, as required by statutory provisions, no offence could be said to have been made out; High Court should have quashed the proceedings under its inherent jurisdiction.

Court Disposition

Appeal allowed.

Orders

  • Order of High Court set aside.
  • Proceedings in Case No. 2(2) 76 Trial No. 285/76 pending in the court of Mr. S. S. P. Yadav, Executive Magistrate, Sadar, Patna quashed.