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ANIL KUMAR UPMAN
Sher Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. By way of this misc. petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of the FIR No. 31/2010 registered at Police Station Surajgarh, District Jhunjhunu for offences under Section 3/7 of the Essential Commodities Act and Section 120B IPC along with all consequential proceedings arising out of it including orders dated 28.04.2010 passed by learned Chief Judicial Magistrate, Jhunjhunu whereby cognizance was taken on 02.01.2014 whereby charges were framed against them for offences under Sections 3/7 of the Essential Commodities Act for violating the provisions of The Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. The order dated 22.09.2015 passed by learned Sessions Judge, Jhunjhunu in revision No. 54/2014 filed by the petitioners has also been put to challenge in this misc. petition whereby the learned revisional court dismissed the revision and affirmed the order dated 02.01.2014.
2. As per the prosecution case, on 27.02.2010, Rajneesh Punia, Circle Inspector Circle Chirawa lodged a report inter alia alleging that he received a secret information that LPG cylinders pertaining to Vijay Gas Agency were loaded in Pickup
A reasoned order is essential when framing charges under the Essential Commodities Act, ensuring judicial scrutiny of the evidence and arguments presented.
The main legal point established is that the existence of strong suspicion, based on material such as witness statements, is sufficient to warrant a trial. Additionally, the burden is on the prosecut....
The absence of a valid notification/order under section 3 of the Essential Commodities Act prohibits prosecution and conviction under section 7, and the continuation of proceedings without such notif....
The necessity of a notification/order under section 3 of the Essential Commodities Act for prosecution and subsequent conviction under section 7.
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