9911796707
TMI Blog2009 (10) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... II, Court No. 20, Saharanpur in Crl. Case No. 252 of 2009 (State v. Ankit). 2. By the impugned order cognizance has been taken by the learned Magistrate against the applicant on the aforesaid chargesheet and the applicant has been summoned to face the trial under Section 3/7, E.C. Act. 3. Shorn of unnecessary details, the facts leading to the filing of this application, in brief, are that an FIR was lodged by Sri S.P. Tyagi, Supply Inspector, Saharanpur (O.P. No. 2 herein), on 16.10.2008 at P.S. Gangal Hedi (Saharanpur), where a case under Section 3/7 E.C. Act was registered at crime No. 202 of 2008 against the applicant Ankit. The allegations made in the FIR, in brief, are that when on 16.10.2008 at about 12.45 p.m., inspection of Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been prepared and passed by the learned magistrate in present case. For this submission, my attention was drawn towards certified copy of the impugned order (paper No. 31). 6. On merit, it was submitted by learned counsel for the applicant that domestic gas cylinders, which were found on the Manni Da Dhaba on the alleged date, time and place, were not being used for commercial purpose, as no regulator for using the domestic gas cylinders was found on the Dhaba and the said cylinders belong to one Praveen Kumar S/o. Deshraj, who had kept them at the Dhaba and hence no offence is made out against the applicant. 7. The learned AGA on the other hand, submitted that interference by this Court in the impugned order would not justified, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioning the name, parentage, address, case number, section and name of P.S. by filling up the blanks on the printed proforma, the following matter is also printed: 10. In the beginning, the name of the Court, case number, state vs..........under section.......P.S.......District.......case crime No. ....../2009 also have been printed and blanks have been filled up 5 by mentioning the case number, name of the accused, section, P.S., District etc. by some employee. Below afore cited printed matter, the following sentence has been mentioned in handwriting Below aforesaid sentence, the seal of the Court containing name of Sri Talevar Singh, the then Judicial Magistrate-III, has been affixed and the learned magistrate has put his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven the order of taking cognizance cannot be passed in mechanical manner. Therefore, the impugned order is liable to be quashed and the matter has to be sent back to the Court below for passing fresh order on the charge-sheet after applying judicial mind. 11. Consequently, the application under Section 482 is allowed and impugned order is set aside. The learned magistrate concerned is directed to pass fresh order on the charge-sheet in criminal case No. 252 of 2009 (State v. Ankit) arising out of case crime No. 202 of 2008 of P.S. Gagal Hedi, District Saharanpur. 12. If approved by the Hon'ble Administrative Committee, let a circular letter be issued by the Registrar General directing all the judicial officers in Uttar Pradesh tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
