Full Judgment
Heard learned counsel for the applicant and perused the impugned order.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to opposite party no. 2, who may also file counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after eight weeks before the appropriate Court.
Learned counsel for the applicant submitted that the prosecution of the applicant, who is a responsible official of the Indian Oil Corporation on the allegation that he had put the seal of the Corporation�on the stamp put by the Enforcement Authorities of Weights and Measures�on the totaliser counters of three petrol pumps�is nothing but abuse of the process of law inasmuch as�the Indian Oil Corporation has been permitted to put its seal on the totaliser counters independently vide circular of Government of India dated 3rd February, 2000, copy whereof has been brought on record as annexure no. 3 to the affidavit accompanying this application.
It is further submitted that learned A.C.J.M., who has taken cognizance of the offences under Sections 37 and 55 of the Standards of Weights and Measures (Enforcement) Act, 1985 against the applicant in the complaint case No. 1746 of 2001 has not at all applied his mind to the facts of the case and the material on record and�he strangely assumed that in the complaint case charge-sheet was submitted against the applicant and he has taken cognizance after perusing the non-existent charge-sheet and case diary.
Submissions made by learned counsel for the applicant, prima facie, appear to be correct and he has made out a case for grant of interim relief.
Until further orders of this Court, further proceedings of Complaint Case No. 1746 of 2001, State Vs. Rajiv Sharma and 3 others,�under Sections�37 and 55 of the Standards of Weights and Measures (Enforcement) Act, 1985 pending before the A.C.J.M.-I, Moradabad shall remain stayed.