Madhya Pradesh High Court
Rohit Gupta vs The State Of Madhya Pradesh on 5 October, 2017
MCRC-9359-2009
(ROHIT GUPTA Vs THE STATE OF MADHYA PRADESH)
05-10-2017
None for the petitioner.
Shri A.P.Singh, G.A. for the respondent/State.
The petitioner has filed this petition under section 482 of the Cr.P.C. against the order dated 24.8.2009 passed by Special Judge, Damoh, in Criminal Revision No.46/2008 whereby the learned Special Judge has confirmed the order dated 3.3.2008 passed by J.M.F.C. Damoh in Criminal Case No.6/2003 with regard to framing of charge against the applicant for the offence under sections 3/7 of the Essential Commodities Act and section 5/9B of the Explosive Substances Act.
On behalf of the petitioner, the aforesaid orders have been assailed on the ground that the police has filed closure report in the case; but, the learned trial court without any evidence took cognizance of the offence and framed the charges, which is not sustainable.
The statement of Ashok Kumar Jain, Assistant Supply Officer, P.W.1., recorded before the Court, prima facie discloses the fact that the petitioner was found in possession of 20 LPG cylinders without any authority of its collection. Therefore, prima facie it appears that the trial court as well as the revisional court has not committed any illegality or irregularity in passing the impugned orders, which warrant any interference of this Court in exercise of inherent powers under section 482 Cr.P.C.
In view of the aforesaid, this petition being devoid of merit stands dismissed.
(J. P. GUPTA) JUDGE HS