Rajasthan High Court - Jodhpur
State vs Polaram & Ors on 10 July, 2017
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision No. 159/ 1993 State of Rajasthan
----Petitioner Versus
1. Polaram S/o Shri Hadman Ram Patel, Resident of Basni II Phase, Jodhpur.
2. Kishan Lal S/o Shri Heera Lal by caste Jat, Resident of Bhagat Ki Kothi.
3. Sahakari Upbhokta Bhandar Ward No.30 Jodhpur. 2 and 3 are through Administrator. Police Station Industrial Area, Basani District Jodhpur.
----Respondents _____________________________________________________ For Petitioner(s) : Mr.J.P.Bharadwaj, Public Prosecutor. _____________________________________________________ HON'BLE THE CHIEF JUSTICE Order 10/07/2017
1. Section 12-AA(i)(f) of the Essential Commodities Act reads as under:-
" (f) all offences under this Act shall be tried in summary way and the provisions of sections 262 to 265 (both inclusion) of the case shall as far as may be apply to such trial provided that in the case of any conviction in summary trial under this section, it shall be xxxx lawful for special court to pass a sentence of imprisonment for a term not exceeding to years,"
2. Section 3 of 326 of the Cr.P.C. excludes the applicability of the section to summary trials.
3. The impugned order directing de novo trial has obviously (2 of 2) [CRLR-159/1993] overlooked the aforesaid provision of law.
4. The petition is allowed. The impugned order dated 04 th November, 1992 is set aside. The trial shall proceed from the stage it got aborted when the impugned order was passed.
(PRADEEP NANDRAJOG)CJ.
Kshama Dixit 1