RAGHUBAR DAYAL Vs. STATE OF U P

JUDGEMENT

(1.) Raghubar Dayal applicant has moved this application under section 482 of Cr.P.C. to get the order dated 20-1-82 of Chief Judicial Magistrate, Jhansi annxer 8 and the proceedings in consequence tlf that order as also on the basis of the charge-sheet submitted by the prosecution in the court against the applicant, quashed.

(2.) The brief relevant facts are that in pursuance of F.I.R. dated 13-10-80 loosed by one Ram Kumar against the applicant at P.S. Prem Nagar. Jhansi in respect of over charge of Rs. 40/- towards the price of 40 litres of High Speed Diesel. As a result of that investigation, charge sheet dated 18-11-80 was filed in the court of Chief Judicial Magistrate, under section 3/7, Essential Commodities Act. But, the necessary sanction to lodge the prosecution had not been obtained. Accordingly, the applicant was discharged on 18-11-81. However, fresh charge-sheet was submitted 8- 1 -82 in which contravention of Light Diesel Oil (Fixation of Selling Price), Order, 1973 was alleged. Of course, the section of the District Magistrate was obtained but that Was challenged on the ground that the District Magistrate had not applied his mind to the facts of the case and he granted sanction with respect to contravention of Diesel Oil (Fixation of Selling Price), 1973. The Chief Judicial Magistrate, on the basis of the said chargesheet, summoned the accused- applicant on 20- t -82 fixing 20-2-82 for his appearance. It is this order of summoning the accused applicant that the present application has been filed.

(3.) The main contention inter alia is that only High Speed Diesel oil was sold and no over-charge was made. Rs. 40/- said to be over-charged was with respect to the sale of half litre of brake oil. The further contention is that there was no breach of the orders referred to in the charge-sheet or in the sanction of the District Magistrate.