1988 (11) TMI 242

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....ehalf of the Respondent in both the petitions, 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....

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....t the Act of issuing summons in a case of 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 rendere....