Arvind Kumar Tiwari vs The State of Bihar and Others

Mandhata Singh, J.—Heard learned counsel for the petitioner and learned counsel for the State. This application is filed for quashing the order dated 30.3.2010 passed by the learned 5th Addl. Sessions Judge, Bhojpur, Ara in Cr. Rev. No. 8 of 2007.

Cognizance is taken against the petitioner in a prosecution lodged by deputed Amin, Ara Nagar Parishad, Bhojpur. Apart from other points, Section 375 of Bihar Municipal Act is raised here that for prosecution for the offence under this Act or any Bye-law made in pursuance thereof is maintainable for institution only after order or consent from Commissioner within six months of the commission of such offence. Prosecution though is within six months, but without order or consent of Commissioner. Same is opposed on behalf of State only on the point that same may be raised at later stage, but I do not agree. Section 375 is a mandatory provision for institution of the prosecution. Accordingly, this quashing application is allowed. The order dated 30.3.2010 passed by the 5th Addl. Sessions Judge, Bhojpur, Ara in Cr. Revision No. 8 of 2007 is hereby quashed.