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2008 Supreme(Ori) 275

B.K.PATEL
Jagannath Traders represented by Manorama Tripathy – Appellant
Versus
Chakradhar Barik, Marketing Inspector, Patrapur – Respondent


Advocates:
For Petitioner:M/s. B. K. Sharma and S. D. Mishra
For Opp. Party:Addl. Standing Counsel

JUDGMENT

B. K. PATEL, J. — On receipt of the prosecution report from the Marketing Inspector of Patrapur, cognizance of offence under Section 7 of the Essential Commodities Act (in short ‘the Act’) was taken by the learned J.M.F.C., Patrapur and processes were issued against four accused persons including the present petitioner on 22.1.2004 in 2(C) C.C. No.1 of 2004. It appears that the petitioner approached this Court previously in CRLMC No.708 of 2004 challenging the order of cognizance and issuance of process to her on behalf of M/s. Jagannath Traders. By order dated 8.4.2004, this Court in CRLMC No.708 of 2004 directed that if the petitioner would file an application before the J.M.F.C., Patrapur for reconsideration of the cognizance order, learned Magistrate shall consider the same on its own merit and pass necessary orders. In accordance with the direction of this Court, the petitioner filed a petition before the learned Magistrate praying to recall the order of taking cognizance. By the order dated 3.1.2005 impugned in this application, the petition for recalling the order of cognizance was rejected mainly on the ground that the learned Magistrate has no jurisdiction to revi




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