JASIM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present application is filed under Section 482 of the Code of Criminal Procedure inter alia praying for quashing of the order dated 12.11.2001 passed by the learned Sub -Divisional Judicial Magistrate, Jamshedpur, in connection with G.R. Case No. 1650 of 2001, whereby cognizance has been taken under Section 7 of the Essential Commodities Act.

(2.) AFTER the investigation, on 3.10.2001, the police submitted the charge -sheet under Section 7 of the Essential Commodities Act and on the basis of the said charge -sheet, by order dated 12.11.2001, the Sub Divisional Judicial Magistrate took cognizance of the offence punishable under Section 7 of the Essential Commodities Act.

(3.) LEARNED A.P.P. appearing on behalf of the State opposed the application and has submitted that the learned court below has rightly and properly taken cognizance as from the materials of the charge -sheet and the case diary, prima facie case was made out against the accused, and therefore, there is no illegality in the order passed by the learned court below, however, the learned A.P.P. has not disputed the fact regarding notification issued by Government of India dated 7.4.1999 which is part of the record and proceedings of the learned court below and also the decision rendered by this Court which is reported in : 2011 (2) Eastern Criminal Cases 601 (supra).