SHARDA PRASAD SINHA versus STATE OF BIHAR

Citation: [1977] 2 S.C.R. 357 · Decided: 08-12-1976 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Appeal(s) allowed
Cited by 3 judgment(s) · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

I 
.. 
,.( 
35 7 
SHARDA PRASAD SINHA 
r. 
ST A TE OF BIHAR 
December 8, 1976 
lP. N. BHAGWATI, A. c. GUPTA AND P. N. SHfNGJ-IAL, JJ.] 
Inherent powers of the High Court lo quash proceedings taki111? co~nizance of 
:the offence when the allegations set out in a complaint or the chari;esheet do not 
.constitute any offence-Criminal Procedure Code 1973 (Act 2 of 1974), s. 482. 
Employing or permitting to employ any person under the age of 18 years 
.or any woman in any part of the licensed premises and in contravention of s. 25 
A 
B 
·<;l)nstitutes a<i offence u/s. 54(1)(a) of the Bihar and Orissa Excise Aet 1915. 
C 
:Under s. 25(2) it is an offence when a woman is employed or permitted to be 
.emplIDyed, by a person licensed to sell foreign liquor, and the employment of 
·such woman should be in any part of the premises in which such liquor is con-
·sumed by the public. 
Section 57 ( c) of the Act provides a penal fine upto 
Rs. 5001- for an action done by a licensed holder wilfully in breach of the con-
,ditions of the license for which no penalty is prescribed elsewhere in tbe Act. 
On a complaint from tl;e Assistant Commissioner, Excise that the appellant 
:at the time of the .raid on the New Year Eve did not have any permission of the 
D' 
.competent authority for conducting a cabaret dance in the premises of Bankipore 
Club, Patna (admittedly the holder of "OFF" foreign liquor licence), the Sub-
Divisional Magistrate, Patna took cognizance of the offences complained, namely, 
·violation of s. 54(1)(a) read withs. 25(a) ands. 57(c) of the Bi'har and Orissa 
·Excise Act 1915. A revision filed under s. 482 of the Criminal Procedure Code 
1973 on the ground that the allegations in the complaint did not constitute any 
.offence warranting the cognizance was gismi~sed in limine. 
On appeal by ·special leave to this Court, 
HELD : Where the alle!l*tions set out in the COJilplaint or the chargo-sheet do 
·not constitute any offence, it is competent to the High Court exercising its inherent 
jurisdiction under s. 482 of the Code of Criminal Procedure 1973 to anash the 
.order passed by the Magistrate taking cognizance of the Gffence. 
[359B] 
E 
The instant case was clearly one where the allegations contained in the com-
F 
.plaint did not constitute any offence and the Sub-Divisional Magistrate was in 
·error in taking cognizance of it and the High Court also ought not to have, in 
the circumstances, rejected the applicationl of the appellant for quashin.t the order 
.of the Sub-Divisional Magistrate. 
[360EJ 
No offence under s. 54(1)(a) ·could be said to have been committed on the 
·alle~ations contained in the complaint in the absence of ~pecific alleg11.tion of 
·the two essential ingredients of the offence under~. 54(1)(a) read withs. 25(2) 
G 
-and also for want of an averment that either of the two women who wereper-
formin~ the cabaret was employed or permitted to be employed by the Club 
or that liquor was b!ing consumed bv the nublic in the part of the Club in whic!t 
the cabaret was being performed. D 59D-FJ 
The allegation contained in the complaint could not be said to constitute aa 
·eft'ence und'T s. 57(c), in lhe ab•Pnce of an allegation as to which conclition of 
the licence wa• broken bv the Club or the appcllnnt in allowing a cabaret to be 
performed in the Club premi<es ~nd mnr~ so, when no such condition in the 
1icence itself could be poinkd out on bchelf of the State. [360C-DJ 
C1'nW:INAL APPELLATB JURISDICTION : Criminal Appeal No. 203 
·•f 197i. 
1: 
';~'Wf"'"l~· 
-~ ·t '. 
'"..':':JJ"'lo"l 
A 
B 
c 
D 
£ 
F 
G 
H 
358 
SUPREME COURT REPORTS 
[1977] 2 s.c.R. 
(Appeal by Special ~eave from the Judgment and Order dated 
4-2-1976 of the Patna High Court in Crl. Misc. Petition No. 441/76.) 
A. B. Sinha and Pramod Swarup, for the appellant. 
S. N. J ha and U.P. Singh, for the respondent. 
The Judgment of the Court was delivered by 
BHAGWATI, J. There is a club in Patna called Bankipore Club. 
The appellant is the Honorary Secretary of that Club. It appears 
that at about 10.25 p.m. on 31st December, 1975 when the New 
Year eve was being celebrated at the Club, a raid was carried out by 
the Assistant Commissioner of Excise, Inspector of Excise and Sub-
lnspector (Excise) and it was found that two women and five men 
were singing and dancing in the club premises. 
The Excise Inspector 
filed a complaint against the appellant o~ 2nd January, 1976 charg-
ing him with having committed offences under Sec
Excerpt shown. Read the full judgment & AI analysis in Lexace.