DHANANJAY CHOUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Section 482 of the CrPC, the petitioners have prayed for quashment of the criminal proceeding pending against the petitioners before the Court of Judicial Magistrate First Class, Pamgarh in Criminal Case No.398/2010 on the ground of investigation by incompetent authority.

(2.) Brief facts necessary for decision of this petition are that Crime No.209/2010 for the offence punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 has been registered against the petitioners relating to violation of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. The Sub Inspector of Police has registered the FIR. He has investigated the offence and finally, submitted charge sheet.

(3.) As per grievance of the petitioners, the Sub Inspector of Police is not competent to investigate the offence. As per Notification No.F4-18/food/2005/ 29 dated 16th December, 2005, police officer not below the rank of Inspector is only the competent authority to investigate the offence. Therefore, continuance of criminal case before the trial Court is abuse of process of the Court.