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M.P.THAKKAR
State of Uttar Pradesh – Appellant
Versus
Man Mohanetc. etc. – Respondent


Manoj Prasad, Dalveer Bhandari, Miss Rachna Joshi, Ram Prakash Aggarwal, Advocates - For the Appellant.
Shanti Bhusban, Sr. Advocate, Rameshwar Nath, D. Goburdhan, Ram Prakash Aggarwal, Advocates - For the Respondent

JUDGMENT

Thakkar, J. - The respondents were prosecuted for contravention of section 4(1) of the Sugar (Packing and Marking) Order, 1970, punishable under section 3 read with, section 7 of the Essential Commodities Act, 1955, pursuant to a complaint instituted by the District Magistrate in the Court of the Sub Divisional Magistrate. The learned Magistrate recorded the evidence produced by the complainant and having taken into consideration the evidence produced by the complainant as also the documents produced in the Court the learned Magistrate formed the opinion that there was ground for presuming that the accused had committed an offence triable by him, which, in his opinion, could be adequately punished by him. In this view of the matter, the learned Magistrate in exercise of powers under section 254 of the Code of Criminal Procedure 1898 (Code) framed a charge in writing against the concerned accused in each of the four matters.

2. The accused invoked the revisional jurisdiction of learned Civil and Sessions Judge under Section 435 of the Code in order to challenge the order passed by the learned Magistrate framing the charge against them. In each, of the three Revisional Appli

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