MUJIBUR REHMAN Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. This application has been filed challenging an order dated 3-11-2006 framing charge against the applicant under Sections 3/7 of the Essential Commodities Act read with certain control orders. This application has come up before me, as earlier application No. 1927-A of 2004 had been disposed of by me vide order dated 29-7-2004 and thereafter it was directed to be placed before me by orders of Hon'ble the Chief Justice dated 20-2-2007. I had dismissed the application for non- prosecution and on the application for recall of the order I recalled my ex-parte order dated 2-3-2007 today.

(2.) IT is argued by the learned Counsel for the applicant that in my earlier order dated 29-7-2004 I had observed that the applicant can claim discharge when the charge was being framed, but Special Judge had not considered the objections raised by the applicant and did not give him fresh opportunity and without hearing the applicant afresh, the charge has been framed by an order dated 3-11-2006 (Annexure-1 to the application), which is assailed before me.

(3.) THERE is no force in this application. It is dismissed. As this is an old matter, the trial Court is directed to proceed with the trial expeditiously. Application dismissed. .