S.S. Kulshrestha, J. - (1.) Since common questions of law and facts are involved in all the above 28 criminal revisions and so they are taken together for disposal. Initially 28 criminal appeals under section 378 (4) of the Code of Criminal Procedure (the Code) were brought against the order dated 23rd July, 1994 passed by the learned II Additional Chief Metrpolitan Magistrate, Kanpur Nagar whereby dismissing all the 28 complaint cases for want of jurisdiction to that Court. Subsequently these criminal appeals were converted into criminal revisions in the year 2001.
(2.) In order to facilitate the disposal of these 28 criminal revisions, it shall be useful to mention that the applicant filed complaint under section 37 of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (the Act) in the Court of Additional Chief Metropolitan Magistrate, Kanpur Nagar against the respondents of these 28 cases separately as they have not obtained licence under section 9 (2) of the Act and are not making the payment of the market fees and thereby they are liable for prosecution for the offences under sections 9 (2), 17 (3) and 40 (2) of the Act and Rules 66-68 (2) framed under the aforesaid Act. It has also been specified in the complaint that respondents are carrying on business of fruit and vegetables at Kidwai Nagar, Kanpur which is part of Municipal Market Area of Kanpur Nagar. They are traders in specified agricultural produce within the meaning of Mandi Adhiniyam but they have neither obtained licence nor made payment or market fees and also not complying the mandate of the aforesaid Act and Rules. To the contrary objections were filed from the side of the respondents that (i) the complaints are as such not maintainable as being barred by time, (ii) part of the principal market area has now gone to the revenue area of Kanpur Dehat and so the notifications alleged to have been issued under sections 6 and 7 of the Act are not applicable to these traders and the market fees on the fruits and vegetables, which are agricultural produce from that area, cannot be levied. Those objections were taken into consideration by the learned Magistrate and as the copies of those notifications were not furnished he proceeded to dismiss all the 28 complaint cases. It has further been contended by the applicant that the respondents had also brought regular suit for injunction in connection with the imposition of licence fees. That suit was dismissed by the Civil Court. Whatever the stay order could be obtained by these traders here from this Court that also became infructuous and FAFO was also dismissed. The association of traders has also brought Writ Petition No. 16804/90 before this Court wherein the notification under sections 6 and 7 of the Act issued by the State Government were challenged. That petition was also dismissed by this Court. It has further been mentioned that the learned Magistrate was swayed away by the irrelevant consideration which had no bearing in the determination of the jurisdiction of the learned Magistrate.
(3.) Heard the learned Counsel for the revisionist and learned Counsel for the respondents and also perused the materials on record. To facilitate the disposal of these revisions it shall be useful to refer the provisions of sections 5, 6, 7 and 8 of the Act: 5. Declaration of intention to regulate and control sale and purchase of agricultural produce in any area. (1) Where the State Government is of opinion that it is necessary or expedient in the public interest to regulate the sale and purchase of any agricultural produce in any area, and for that purpose to declare that area as a market Area it may, by notification in the Gazette, and in such other manner as may be prescribed, declare its intention so to do, and invite objections against the proposed declaration. (2) Any objection under sub-section (1) may be preferred within such period as may be prescribed and shall be addressed to the director who shall forward the same, with his comments thereon, to the State Government. 6. Declaration of Market Areas. On the expiry of the period referred to in section 5, the State Government shall consider the objections received within the said period and may thereupon declare, by notification in the Gazette, and in such other manner as may be prescribed, that the whole or any specified portion of the area mentioned in the notification under section 5 shall be the Market Area in respect of such agricultural produce, and with effect from such date as may be specified in the declaration. 7. Declaration of Principal Market Yard and Sub-Market Yards, (1) As soon as may be after the publication of the notification under section 6, the State Government may by notification in the Gazette declare such portion of the Market Area as may be specified as the Principal Market Yard and such other portions as may be specified as sub-Market Yard : Provided that the whole of the Principal Market Yard shall be located within the limits of one district only. (2) The State Government where I considers necessary or expedient in the public interest so to do, may by notification (a) include any area in or exclude any area from the area of a principal market yard or sub-market yard or abolish the ex isting principal market yard or sub-market yards and declare a new principal market yard or sub-market yards, (b) declare that the wholesale transactions of all or any of the specified agricultural produce in respect of a market area shall be carried on only at a specified place or places within its principal market yard or sub-market yards. 8. Alteration of Market Area and Modification of the List of Agricultural Produce.-(1) The State Government, where it considers necessary or expedient in the public interest so to do, may, by notification in the Gazette, and in such other manner as may be prescribed and with effect from the date specified in the notification, (a) include any agricultural produce in, or exclude any agricultural produce from, the list of agricultural produce specified in the notification under section 6; (b) include any area in or exclude any area from the Market Area specified in the notification under section 6; (c) divide a Market Area specified in the notification under section 6 into two or more separate Market Areas; (d) amalgamate two or more Market (e) Areas specified in the notification under section 6 into one Market Area or : (e) declare that a Market Area specified in the notification under section 6 shall cease to be such area : Provided that before action un der this sub-section is taken, the State Government shall invite and consider, in the prescribed manner, objections, if any, against the proposed action, (2) When during the term of a Market Committee the limits of the Market Area for which it is established are altered under clause (b), clause (c) or clause (d) of sub-section (1), the following consequences shall, with effect from the date specified in five notification, follow: (a) the Market Committee shall stand dissolved and its members shall vacate their offices as such members; (b) a new Market Committee shall be constituted for the modified or newly created Market Area according to the provisions of section 14; (c) all property and assets, all rights, liabilities and obligations of the dissolved Market Committee in respect of civil or criminal proceedings, contracts, agreements or other matter or thing arising in relation to any part of the Market Area of a dissolved Market Committee shall be vested in and stand transferred to the new Market Committee having jurisdiction over that part. (3) Where a Market Area ceases to be such area under clause (e) of sub-section (1), the following consequences shall, with effect from the date specified in the notification, follow: (a) the Market Committee shall stand dissolved and its members shall vacate their offices as such members; (b) the Principal Market Yard and Sub-Market Yards, if any, established therein shall cease to be such; (c) the unspent balances of the Market Committee fund and other assets and liabilities of the Market Committee shall vest in the State Government : Provided that the liability of the State Government shall not extend beyond the assets so vested.;