GOPICHAND Vs. STATE OF M.P.

JUDGEMENT

(1.) THE present revision petition is against the order · dated 10.1.1992, passed by the Special Judge (Sessions Judge), Jabalpur, in Special criminal Case No. 5 of 1989.

(2.) THE facts in short are that on 30.5.89, Shri D.S. Vyas, Assistant Food Officer, filed a complaint against the applicant before the Court of Special Judge (Sessions Judge), Jabalpur, for offence under section 3/7/9 of the Essential Commodities Act, 1955. On being summoned, the applicant -accused raised a preliminary objection to the maintainability of the complaint under section 12AA (1) (a) of the Essential Commodities (Special Provision) Act, 1981, to the effect that the said Assistant Food Officer was not authorised by the State Government to file the complaint. But the learned Special Judge, without hearing the counsel for the accused/applicant, has passed the impugned order rejecting his objections. Against this order, the applicant has filed the present revision petition, and this Court on 25.11.92 has ordered stay of further proceedings. The case was partly heard on 10.1.94 and the learned counsel for the State was granted time to produce a letter of authority in favour of the applicant.

(3.) IN view of this, the findings arrived at by the Special Judge, Jabalpur, under the impugned order dated 10.1.92 to the effect that the complaint lodged by the said Assistant Food Officer is by a public servant and the said complaint is also lodged in public capacity, are upheld.