CHITARMAL OIL CO Vs. STATE

JUDGEMENT

(1.) PALOK Basu, J. M/s. Chittarmal Oil Co. is a licensee under the provisions of U. P. Kerosene Control Order, 1962, having been appointed as the wholeseller by producers of kerosene. The applicant No. 2 Chitarmal appears to be the sole propeietor of the firm aforesaid. The applicant No. 3 Sri Nath and applicant No. 4 Girraj are workers of the said firm while applicant No. 5 is said to be a transporter of Kerosene.

(2.) SOME complaints were allegedly lodged against applicant No. 2 with the allegation that he was selling kerosene oil in black market. The matter was ultimately entrusted to one Sri K. P. Gupta, Sub-Inspector of Police attached to Enforcement Branch. The said Sri Gupta completed the investigation and lodged a first information report with the police of Goverdhan, district Mathura, against the five applicants for proceeding under Sections 467, 468, 471 and 120-B I. P. C. and Section 3/7 of the Essential Commodities Act for alleged contravention of various clauses of U. P. Kerosene Control Order. After register ing the case the and Police Officer completed the formalities whereafter a charge sheet was filed. By two separate orders dated 15. 1. 89 and 21. 10. 81 the District Magistrate, Mathura, granted sanction to prosecute the applicants. When the trial began in the Magistrate's Court (as per the then law), an application was moved on behalf of the applicants claiming discharge. By a detailed order dated 3. 12. 82 the Magistrate rejected the said prayer. Consequently the applicants have filed the present petition under Section 482 Cr. P. C. praying that the proceedings against all the five applicants be quashed.