STATE OF RAJASTHAN Vs. NARAYAN

JUDGEMENT

(1.) THE respondent was arrested in case FIR No. 41/91 of Police Station Kishangarh District Ajmer on 4-3-1991 under section 3/7 of the Essential Commodities Act, 1955 (the Act ). THE challan was presented before the learned Special Judge appointed under the Act on 4-12-1991. Vide the impugned order dated 9. 6. 1993, the learned Sessions Judge, Ajmer (Special Judge under the Act) discharged the respondent on the ground that the challan has been filed after the expiry of period of six months from the date of arrest and in view of sub-section (5) of Section 167 of the Code of Criminal Procedure (the Code) no cognizance could be taken. Feeling aggrieved, the State has approached this court by filing this revision petition.

(2.) I have heard the learned counsel for the parties and have also perused the impugned order.

(3.) THE record of the learned trial court, which had been summoned for hearing of this case, should be sent back immediately. .