- (1.)BY this petition, the petitioner has challenged legality and Propriety of the order dated 29. 4. 2008 passed by the 1st Additional Sessions Judge, ambikapur in Criminal Revision No. 47/2007 whereby learned Additional Sessions judge has affirmed the order framing charge dated 19. 2. 2007 passed by the Chief judicial Magistrate, Ambikapur in Criminal Case No. 232/2006.
(2.)THE order impugned is challenged on the ground that the alleged violation of the chhattisgarh (Foodstuffs) Civil Supply Public Distribution scheme, 1991 (for short the scheme') has not been framed under the chhattisgarh Foodstuffs (Distribution) Control order, 1960 (for short 'the Control order') and any violation of the Scheme is not punishable under Section 3 read with Section 7 of the essential Commodities Act, 1955 (for short 'the Act' ). The Court below has committed gross illegality by framing charge.
(3.)I have heard learned counsel for the parties and perused the impugned order as also the copy of charge-sheet filed on behalf of the petitioner.
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