G.M, Lodha, J. - (1.) This revision petition, under section 397 Code of Criminal Procedure read with Section 401, Cr.P.C, is directed against the order, dated the 3rd February, 1981 of the learned Chief Judicial Magistrate, Jhunjhunu, i.e. the trial Court, in Cr. Case No. 14/1980.
(2.) A report was lodged at Police Station Khetri, District Jhunjhunu by one Shri Balwant Singh, Tehsildar, Khetri, on which a first information report was registered under section 3/7 of the Essential Commodities Act, 1955, (hereinafter the Act). As a result of the investigation, the final report was submitted to the trial court. This report has been extracted in the impugned order, dated the 3rd February, 1981.
(3.) The substance of this report is that by investigation it has been found to be correct that the petitioner, Mahesh Chand of Khetri having licence No. 1975, obtained cement from the District supply Officer, Jhunjhunu and sold 75 bags of cement on August 15, 1973 in black by charging Rs. 38/-per bag of cement. This sale was made without permit to Mangilal, Jaggu, and Sumer Singh, thus he committed an offence under Section 3/7 of the Act. On account of this result of investigation the District Supply Officer, Jhunjhunu had been asked to cancel the licence, however, at the end, it was mentioned that the witnesses, namely Sumer Singh, Mangelal, and Jaggu, had joined hands with the petitioner Mahesh Chandra. When the above report was filed before the trial court, the trial court took cognizance and summoned the petitioner Mahesh Chandra.;