KRISHNA KUMAR Vs. STATE O

JUDGEMENT

(1.) SAROJ Bala, J. By virtue of this application under section 482 Cr. P. C. applicants have prayed for quashing the proceedings of criminal case No. 5 of 1987 (crime case No. 78 of 1986) State v. Krishna Kumar and others under section 3/7 of Essential Commodities Act, P. S. , Konch pending before the Court of Special Judge (E. C. Act) Orai, District Jalaun.

(2.) THE facts giving rise to this application briefly stated are these:

(3.) THE learned Counsel for the applicants placing reliance on the decision in the cases of Harish Chandra v. State of U. P. (1978 (15) ACC 374) and Hari Ram v. State of U. P. (1981 (18) ACC 345), argued that section 11 of the Act as applicable in Uttar Pradesh on the date of occurrence provided that no Court shall take cognizance of any offence except on a report in writing of the facts constituting such offence, made by the order or under authority from the District Magistrate or such other officer as may be empowered by the State Government by general or special order in this behalf.