TMI Blog1988 (11) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the Court made the following order :- These are two petitions under Section 482 of the Code of Criminal Procedure. Criminal Miscellaneous Petition No. 2365 of 1988 is by accused 1 to 3, 5 to 9 and 11. Criminal Miscellaneous Petition No. 2851 of 1988 is by accused 4 and 10. The 12th accused has not filed any petition. The substance of the complaint was that there was a violation by accused 1, the company, and by the other accused, who belong to the company in their various capacities, of Clause 13(1) of the Fertilizer Control Act, 1957 and that thereby they become punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. The complainant also prayed that in accordance with the judgment of this Court reported in Mounagu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this nature was a very important one since it affected the reputation of the persons concerned and also would cause much inconvenience, if they happened to be simply discharged after hearing them, since they reside at places far away from the Court. 3. It is submitted now by the learned Counsel appearing for the Public Prosecutor that the judgment reported in Mounaguruswamy v. Agrl. Officer (Inputs) is no longer good law, that it is not necessary to present the complaint under the Essential Commodities Act to the territorial Judicial Magistrate and that the complaint should be presented directly to the Essential Commodities Act Court. He relied for this purpose on the judgment of this Court rendered in C.A. No. 179 of 1984 on 23-9-1988. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... position of a sentence of imprisonment for a term upto two years, it is always desirable to frame a formal charge. 6. At any rate, the first duty of the Special Court would be to ascertain whether there is sufficient ground for proceeding as required under Section 204, Cr.P.C. With the above direction, the complaint is forwarded to the Special Court constituted under the Essential Commodities Act, Coimbatore, and that Special Court shall deal with the matter de novo. All the records received from the Magistrate shall also be forwarded to that Court and the Magistrate shall be informed of that operation. 3. In the result, both the petitions are allowed only to the extent that the summons issued by the Judicial First Class Magistrate of D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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