FULKARIA EKKA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of the parties, the matter is finally heard. The present petition has been filed by the petitioner under Section 482 of Cr.P.C. for quashing the proceedings which are pending before the Judicial Magistrate First Class, Radhogarh, District Guna in Case No.1480/2008 (State of M.P. vs. Anand Singh Solanki and Others) and also for quashing the impugned order dated 16.12.2008, whereby the learned trial Court has taken a cognizance against the petitioner in pursuance of F.I.R. which has been registered at Crime No.98/2008 for the offence registered under Section 3/7 of the Essential Commodities Act, 1955 (hereinafter referred to as "the Act, 1955").

(2.) It is alleged by counsel for the petitioner that the petitioner is assailing the impugned order mainly on the two grounds that the authority, who has done the investigation in the matter, is not the competent authority in terms of under Section 10 of the Act, 1955. The Tehsildar, who inspected and investigated the matter, is not the competent authority and has not been notified in Gazette Notification which has not been issued by the State Authority authorizing the Tehsildar as an Special Officer to inspect the gas agency as under provision of the Act, 1955. It is further submitted that the petitioner was only president of the society in question and she was not looking after the gas agency and was not the incharge of the gas agency and the co-accused Anand Singh Solanki is the main culprit in the matter. The Gas Agency in question was under the control of the co-accused Anand Singh Solanki who was taking care of distribution of the gas cylinders and was responsible for all the transactions with respect to Gas Agency. He was responsible for conducting the business, in the matter.

(3.) Learned counsel for the petitioner has drawn attention of this Court to Section 10 of the Act, 1955 which reads as under :-