SIRAJUDDEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in Crime No.1517 of 2012 of Kollengode Police Station charge-sheeted, quoting the offences under Ss. 3 and 7(1)(a)(ii) of the Essential Commodities Act, 1955 ('the Act', for short) and 471 of Indian Penal Code ('IPC' for short) and Clause 5(a) of the Kerala Rationing Order, 1996. As per the order dtd. 24/12/2013 in CMP No.6464 of 2013, the Court of the Judicial First Class Magistrate, Chittur, dismissed the discharge petition filed by the petitioner under Sec. 239 of the Code of Criminal Procedure ('Cr.P.C' for short). Challenging the order, the petitioner approached this court with this revision.

(2.) The petitioner is a licensed ration dealer at Vadakanyapuram, within the limits of Kollengode Police Station. On the basis of prior information, the Sub Inspector of Police and party of Kollengode Police Station along with the Rationing Inspector of Chittur inspected the ration shop of the petitioner and found that there is a shortage of 176 Kg of wheat in the stock register. Accordingly, the crime was registered at Kollengode Police Station on 14/12/2012. On completion of the investigation, the final report was filed before the Court of the Judicial First-Class Magistrate, Chittur and on receipt of summons, at the appropriate stage, the petitioner filed the discharge petition. After hearing the parties and perusing the records, the learned Magistrate, as per the impugned order found that there are prima facie materials to attract the penal provisions.

(3.) Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.