- (1.) O. P. Jain, J. A cause under Section 3/7 of Essential Commodities Act was registered against the applicant and summoning order dated 4-8-90 was passed against him. The applicant filed an application under Section 482, Cr. P. C. and obtained a stay order from this Court on the ground that on 24-1-90, F. R. was filed by the prosecution and was accepted by the Special Judge. Therefore, the order dated 4-8-90 amounts to a review of the earlier order dated 24-1-90. A photo copy of order dated 24-1-90 is annexure I.
(2.) RAM Mohan Garg, respondent No. 3 filed a counter affidavit in which it was alleged that annexure 1 dated 24-1-90 is a forged order and no such order was passed by the Special Judge (A, C. Act) on that date. For the reasons given in order dated 14-9-94 notice was issued to the applicant Dev Prakash Agarwal to show cause as to why he should not be prosecuted under Section 471, I. P. C. A reply has been filed by Dev Prakash Agarwal on 14-11-94. Annexure III to the reply shows that on 21-10-89 the permission of the District Magistrate was sought by the prosecuting agency for filing the F. R. (Annexure IV) to the reply dated 14-11-94 show that on 1-1-90 A. D. M. sought the opinion of D. G. C. (Criminal) it appears from Annexure Y that D. G. C. (criminal) recommended on 4-1-90 that the case may be withdrawn. Annexure VI is the office noting which shows that A. D. M. recommended to the District Magistrate accepted this recommendation of the A. D, M.
(3.) ALL these documents show that, that there is greater probability of F. R. being submitted in January, 1990 and the Special judge having passed the order on 24-1-90, It may also be mentioned that during the course of argument the learned counsel for the applicant (Dev Prakash Agarwal) filed the certified copy of the order dated 24-1-90 of which photo copy is annexure I. He also produced a certified copy of the extract from the copying register maintained by the court concerned. Both these documents were kept in a sealed cover and were handed over to the Bench Secretary. A perusal of the certified copies does not show anything suspicious.;