JUDGMENT

C.D. Parekh, J. - This revision arises out of the order dated 16th May, 1969 passed in Criminal Case No. 22 of 1970 State v. Kodai and others, under section 7 Essential Commodities Act. By the impugned order the S.D.M., Mahrajganj, district Gorakhpur on an application dated 15th May, 1969 by the A. P.P., summoned all the six accused persons mentioned in the chargesheet which was submitted in his court on 28th September, 1968.

2. The facts of the case are very simple. That on 22nd July, 1967 a report was lodged by jai Ram resident of Mithora Bazar, P.S. Nichlaul, district Gorakhpur that six named persons have committed offence under section 3 /7 of the Essential Commodities Act. The police investigated the case and submitted the aforesaid chargesheet against three named persons with whose case we are not concerned in this revision application. The other three persons were also named in the chargesheet including the applicant before me, have been mentioned as suspects but no chargesheet was submitted against them as required u /S. 11 of the Essential Commodities Act. The Magistrate by his order dated 20th December, 1968 observed that the case against the applicant Damodar Pra