MOTI LAL Vs. STATE

JUDGEMENT

(1.) FOR want of mandatory sanction by the District Magistrate for the prosecution of the petitioners under Section 3/7 of the Essential Commodities Act, the learned Chief Metropolitan Magistrate, Kanpur City refused to take cognizance vide his order dated 12.9.77. However he took cognizance of the offence under Section 114, D.I.R. An objection was raised on behalf of the accused that cognizance had been taken after lapse of the period of limitation. Two applications dated 11.9.79 and 12.9.79 were moved by the Assistant Public Prosecutor explaining the delay.

(2.) THE learned Chief Metropolitan Magistrate after being satisfied condoned the delay and directed that the charges under Section 114, D.I.R. be framed against the petitioners. This order of October 30, 1981 passed by the Chief Metropolitan Magistrate, Kanpur City is sought to be quashed under Section 482, Cr.P.C.