M/S Easyday City Plaza & Others vs State Of U.P. & Another
2012 Latest Caselaw 2460 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- CRIMINAL REVISION No. - 1836 of 2012
 

 
Petitioner :- M/S Easyday City Plaza & Others
 
Respondent :- State Of U.P. & Another
 
Petitioner Counsel :- Samit Gopal
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the revisionists and the learned A.G.A. for the State.

This revision has been filed against the order dated 19.3.2012 passed by Additional Chief Judicial Magistrate-I, Agra in Criminal Complaint Case No. 312 of 2012 "Weights and Measures Officer through  State of U.P. Vs. M/s Easyday and Others" under Section 18(2) of the Legal Metrology  Act, 2009, Rule 27 of the Uttar Pradesh Legal Metrology (Enforcement) Rules, 2011 and Rule 6 of the Legal Metrology (Packed Commodity) Rules, 2011 police station Hari Parwat, District Agra whereby the learned Magistrate has taken cognizance and summoned the revisionists.

Learned counsel for the revisionists contends that for the contravention of Rules as per  Rule 25 of the U.P. Legal Metrology (Enforcement)Rules, 2011, which provided that  Whoever contraventions (sic contravenes) any provisions of these rules, for the contraventions of which no punishment has been separately provided  and shall be punished with fine to the extent of Rs. five thousand.  It is further contended by the learned counsel for the revisionists that  as per Legal Metrology  Act, 2009, no punishment is provided for the alleged offence and it is thus, contended that  the offences, if any, are compoundable. 

After hearing the learned counsel for the revisionists, learned A.G.A. and after perusing the order impugned, the present revision is finally disposed of with liberty to the revisionists to file appropriate application for compounding before Additional Chief Judicial Magistrate-I, Agra in complaint case No. 312 of 2012 and if such an application is filed within 15 days from today, same shall be considered and decided by the Magistrate concerned as expeditiously as possible strictly in accordance with law after hearing the parties, preferably within a period of four months from the date of production of a certified copy of this order before him and till the disposal of the said application, no coercive action shall be taken against the revisionists.

Learned counsel for the revisionists undertakes that the revisionists shall file the certified copy of this order along with an appropriate application within 15 days from today, before the concerned Court below.

With the aforesaid directions, this revision is finally disposed of.

Order Date :- 1.6.2012

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