2009 (10) TMI 975

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....evar Singh, the then Judicial Magistrate-III, 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....

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....nner in which the impugned order has 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 impugne....

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....assing the same. After mentioning 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 ....