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TMI Blog1976 (12) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... r filed a complaint against the appellant on 2nd January, 1976 charging him with having committed offences under Section 54(1)(a) and Section 57(c) of the Bihar and Orissa Excise Act 1915. The allegations on the basis of which the complaint was filed are material and we may set them out in extenso: A Cabaret dance with women was in progress at Bankipur Club, Patna. Two women and five men were singing and dancing. This dance was being performed inside the premises of the Bankipur Club, Patna before a large gathering of men and women. I asked Dr. Sharda Prasad Singh, Honorary Secretary and his Manager Sri Banke Bihari Prasad Sinha to show the permission obtained from the District Magistrate or from any other authority for organising the Cab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out in the complaint made out a prima facie case against the appellant. This led to the filing of the present appeal with special leave obtained from this Court. 2. It is now settled law that where the allegations set out in the complaint or the charge-sheet do not constitute any offence, it is competent to the High Court exercising its inherent jurisdiction under Section 482 of the CrPC to quash the order passed by the Magistrate taking cognizance of the offence. The question which, therefore, arises for consideration is whether the allegations set out in the complaint constitute any offence against the appellant. The offences charged against the appellant are under Section 54(1)(a) and Section 57(c) of the Act. Section 54(1)(a) provides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... public. It will be seen that this provision also comes into play only when a woman is employed or permitted to be employed by a person licensed to sell foreign liquor. Moreover, the employment of the woman should be "in any part of such premises in which such liquor is consumed by the public." It is therefore, obvious that there could be no offence under Section 54(1)(a) read with Section 25(2) unless it could be shown by the prosecution that the women who were performing the cabaret were employed or permitted to be employed by the Club and they were performing the cabaret in a part of the club premises in which liquor was being consumed by the public. We may point out that it was contended on behalf of the appellant that Sub-sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not prescribed elsewhere in the Act, he shall be liable to fine which may extend to ₹ 500/-. The complaint does not allege as to which condition of the licence was broken by the club or the appellant in allowing a cabaret to be performed in the club premises. Nor could the learned Counsel appearing on behalf of the State point out any such condition of the licence. The allegations contained in the complaint manifestly did not constitute an offence under Section 57(c). 4. This was, therefore, clearly a case where the allegations contained in the complaint did not constitute any offence and the Sub-Divisional Magistrate was in error in taking cognizance of it. The High Court in the circumstances ought not to have rejected the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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