‘ K %\e3 \9? HIGH COURT OF CHHATTISGARH AT BILASPUR camp. N0. 461 or 2003 PETITIONER Bhagwat Pmsad Agrawal S/o Late Gauri Shankar Agrawal, aged bout 56 years, Occupation Agriculturist, R/o Market Kawardha, Police Station Kawardha, District Kabiniham C.G. State of Chhattisgarh, through the Disu'ict Magistxatc, Kawaniha, District Kabirdham C.G. 1 CRIMINAL MISCELLANEOUS PETITION UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE, 1973. (SB :Hon’ble Mr. T.P.sharma, J.) VERSUS Pxescnt:- Shri Rakesh Pandey, Advocate for the petitioner. Shn' Rajendra 'I‘ripathi, P.L. for the State] respondent ORAL- ORDER (passed on 15109I2009) This petition under Section 482 of the Code of Criminal Pmcedure, 1973 (in short the code) is for quashment of order dated 2/ 2/2008 passed by the Sessions Judge Kabiniham (Kawardha) in criminal levision No. 46/2007 a$rming the order dated 27/8/07 in. criminal revision Nos. 46/07 8n 56/07 passed by Judicial Magistrate First Class, Kawardha whereby learned Judicial Magisnate First Class, Kawardha has named the charge against the petitioner for the oh'ence punishable under Sections 465, 468, 488 of the Indian Penal Code read with Section 3/7 of Essential Commodities Act and Section 19 of Fertilizer Movement Control Order, 1973. 2. Learned counsel for the petitioner argued that without any prima facie material Court below has named the charges against the petitioner and committed an illegality. \ EM On the other hand, lcaxncd counsel for the State/respondent opposed the petition and submits that court below has fmmed the charge on the basis of materia1 collected on behalf of the e prosecution. Learned counsel for the patties axe heard. Copy of the charge sheet, other documents and order impugned perused. Copy of the charge sheet reveals that the documents and fertilizer has been substantially tempered and used a genuine and violated the pmvisions of Fertilizer Movement Conu‘ol Order, 1973. Court below has framed the charge on the basis of material available on record prima facie sumcient for charge, I do not find any substance in the petition. Consequently, this petiu‘on is liable to be dismissed and it is hereby dismissed. LA. No. 01/2008 and LA. No. 02/ 2008 is also dismissed. _,J‘-::w ..vvv. Wm '?f‘/sdl- 1‘ T. P. Sharma a .— Judge w ' §