(1.) Inder Singh, petitioner was tried by the Special Judge, Rohtak for offence under Sec. 7 of the Essential Commodities Act, 1955 on the allegations that he, as a depot holder had received 471 quintals of rice in May, 1983, for distribution to ration card holders. The rice was not distributed to the ration card holders and false entries in the sale register in contravention of the Haryana Prevention of Hoarding and Maintenance of Quality Order, 1977 were made. The Special Judge acquitted the petitioner of that offence and recorded a finding that the prosecution had failed to establish beyond doubt that the petitioner had made incorrect entries showing the sale a' the rice without having actually sold the same. He also found that impropriety had been ' committed in maintaining the records and may quote the relevant portion in the I impugned judgment.
(2.) The petitioner was then sent up to the Court of Additional Chief judicial Magistrate, Rohtak, in Criminal Case No. 120/1 of 1985 to stand trial for offences sections 467 and 471 of the Indian Penal Code on the same allegations. The learned additional Chief Judicial Magistrate, Rohtak, framed charges against the petitioner vide order dated 20th Dec., 1985. this order is the subject matter of attack in the not proceedings and/he petitioner prays for acceptance of the revision and quashing the charges.
(3.) After going through he report under section 173 of the Criminal procedure Code, the submission of the learned counsel for the petitioner is that the it has been made on the same facts as in the other case which has not been accepted. Learned Special Judge has already held in that case that there was only impropriety maintaining the record, but he had duly accounted for the rice. A finality to the facts thus been attained. There is force in the contention of the counsel that no evidence be led in respect to the facts which have become final. He is supported by the rations made in Manipur Administration, Manipur Vs. Thokchom Bira Singh, 1965 Supreme Court 87, which are as under :