RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE brief facts of this case are that on May 28 1971, Sub-Divisional Magistrate, Parbatsar, sent a report to the Station House Officer. Parbatsar, to the effect that he had come to know that Ramchandra and his in Suraj Narain of Jaipur had entertained 500 to 600 persons on May 27 and 28, 1971, against the provisions of the Rajasthan Guest Control Order, 1965 and, therefore, proceedings should be started against the guilty persons. On receipt of the above complaint the Station House Officer went to the spot and investigated the matter. He then submitted his report on May, 29, 1971, requesting she court to take cognisance of the offence under sec. 7/3 of the Essentital Commodities Act read with rule 3 of the Rajasthan Guest Control Order, 1965. On receipt of that report the Sub Divisional Magistrate ordered to register the case under the aforesaid provisions of law and issued warrants of arrest against accused Ramchandra and Suraj Narain on 14-5-1971. THE petitioners went up in revision before the learned Sessions Judge, Merta, against the cognisance of the alleged crime having been taken by the Sub Divisional Magistrate. Mr. S. C. Calla, Sessions Judge, Merta, rejected the revision-petition on October 12, 1971.

(2.) AGGIEVED by the above order of learned Sessions Judge, Merta, Ramchan-dra and Suraj Narain have taken this revision-petition before this court. The main contention of learned counsel for the petitioners is that the Sessions Judge has gone wrong in not taking into consideration the fact that the Rajasthan Guest Control Order, 1965, was rescinded by the Government by their Notification No. S. O. 29, dated September 9, 1971, published in the Rajasthan Gazette of the same date.