Judgment

HIDAYATULLAH, J.- The appellant is being prosecuted under S. 420, Indian Penal Code and under S. 7 of the Essential Commodities Act, 1955 for contravention of cls. (4) and (5) of the Iron and Steel Control Order. The prosecution was commenced by the Inspector of Police, Crime Branch C.I.D. Hyderabad by filing against him a charge-sheet under S. 173 of the Code of Criminal Procedure in respect of the offence of cheating which was intended to serve also as a report in writing of a public servant as required by S. 11 of the Essential Commodities Act, 1955. Learned City Magistrate, Secunderabad framed a charge against him under S. 251A(3) of the Code of Criminal Procedure in respect of both of the offences. The appellant then raised two preliminary objections: the first was that as the commodity was obtained and disposed of at Bombay, the Court at Secunderabad had no jurisdiction to try him. This objection which would have necessitated the recital of facts, has not been raised before us and it is not necessary to mention it again. The second objection was that as the police had filed a report under S. 11 of the Essential Commodities Act a trial of the offence under S. 7 could n