Allahabad High Court
Mushan Ali vs State Of U.P. & Another on 15 June, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 6 Case :- APPLICATION U/S 482 No. - 20252 of 2010 Petitioner :- Mushan Ali Respondent :- State Of U.P. & Another Petitioner Counsel :- B.M.Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
By means of this application under Section 482 Cr.P.C. the applicant has challenged the order dated 6.7.2007 passed by learned Judicial Magistrate, Fatehpur, in Case No.629 of 2007, State of U.P.Vs Mussan Ali by which the court concerned has taken cognizance for the offence under Section 3/7 E.C.Act.
It is contended that in view of Section 12AA of the Essential Commodities (Special Provisions) Act , 1981 the learned Judicial Magistrate, Fatehpur had no jurisdiction to take cognizance of the offence punishable under the Essential Commodities Act and the Special Judge Essential Commodities Act Fatehpur alone was competent to take cognizance . Thus the impugned order which is totally without jurisdiction is liable to be quashed.
Learned AGA does not dispute the aforesaid legal aspect of the matter.
After considering the submission made by learned counsel for the parties and examining the provisions of Section 12A and 12AA of the Essential Commodities (Special provisions) Act, 1981 this Court is of the view that the order passed by the learned Judicial Magistrate, Fatehpur taking cognizance of an offence punishable under Section 3/7 Essential Commodities Act can not be sustained and is liable to be set aside. It is undisputed that the Special Court(E.C.Act) has been set up in District Fatehpur for trying offences punishable under the Essential Commodities Act.
For the aforesaid reasons the order dated 6.7.2007 passed by the learned Judicial Magistrate Fatehpur, in Case No.629 of 2007, under Section 3/7 Essential Commodities Act State of U.P. Vs Mussan Ali ,P. S. Kishanpur, District Fatehpur, is hereby set aside.
The respondents shall be at liberty to move Special Judge, Essential Commodities Act, Fatehpur for proceeding further in the matter.
Order Date :- 15.6.2010 cps