LALARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. petition under Section 482 Cr. P.C. is directed against the order of learned Additional Chief Judicial Magistrate, Merta dated 25.10.1983 whereby he has taken cognizance against the petitioners under Section 317 of the Essential Commodities Act in Cr. case No. 47/83 (72/77 did).

(2.) Brief fact; of the case as alleged by the prosecution are that on 13.10.1976, during inspection the D.S.O. Shri Hetram Awawal, found some irregularities in the distribution of sugar of five months between March, 1976 to July 1976 in Gramin Sahakari Samiti. On this Rupa Ram filed a complaint against one Pema Ram on 28.2.1977 and the process was issued and charges were framed against him in the year 1978. Thereafter vide order dated 25.10.1983 the Additional Chief Judicial Magistrate permitted the prosecution to register a case against the petitioner under Section 3/7 of the E.C. Act, and to implead Lala Ram as an accused, and ordered to call the accused through; summon. Dissatisfied with the order dated 25.10.1983, the petitioner has filed this Misc. petition.

(3.) Mr. Choudhary, learned counsel for the petitioner submits that the charge against the petitioner has been wrongly framed on 25.10.1983. He also submits that the petitioner has denied the charge, and for one reason or the other the two witnesses Roopa Ram and Hetram have not been examined as yet and the case is pending since 1977. He further submits that the charge framed against the main accused has been set aside by this Court vide order dated 4th September, 1992 on the ground that the case has not been completed for 15 years, therefore, the proceedings initiated against the petitioner may also be quashed.