(1.) This petition under Section 482 Cr. P.C. has been filed by the accused petitioner against the order dtd. 5/12/2001 passed by the learned Chief Judicial Magistrate, Bikaner in Criminal Case No. 196/99 for offence under Sections 3/7 of the Essential Commodities Act by which he ordered that now a fresh trial of the case No. 196/99 would be conducted as per the procedure of warrant trial as provided under Section 239 Cr. P.C. from the stage of hearing the arguments on charge.
(2.) It arises in the following circumstances
(3.) The learned counsel for the petitioner has submitted that in view of the law laid down by this Court in the case of Mukesh v. State of Rajasthan, the learned Chief Judicial Magistrate be directed to hear the final arguments and dispose of the case on merits.