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2010 DIGILAW 296 (RAJ)

A. K. Goyal v. State of Rajasthan

2010-02-04

MAHESH CHANDRA SHARMA

body2010
JUDGMENT Hon'ble SHARMA, J.-This Criminal Misc. Petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing of complaint and proceedings of Criminal Case No. 226/1992 State of Rajasthan vs. M/s. Ballabh Ram Gupta & Ors. under Section 29 of the Insecticides Act and also against the order dated 24.2.2003 passed by the Chief Judicial Magistrate, Sawai Madhopur, by which the application under Section 24(4) of Insecticides Act was rejected and charge has been framed on 20.6.2003. 2. Without going into merits of the case, the learned counsel for the petitioners has placed reliance upon following judgments:- (1) Mohan Lal vs. State of Rajasthan reported in WLN (Raj.) UC 2000 Page 22 (2) M/s. Chaudhary Krishi Udhyod and another vs. State of Rajasthan and another reported in RLW 1999(1) Raj. Page 117 (3) M/s. S.N. Chemicals VS. State of Raj. & Ors. reported in RLW 2000(1) Raj. Page 343 (4) Babulal Agrawal & 9 Ors. vs. Associate Director & Ors. reported in WLC (Raj.) UC 1999 Page 494 (5) M/s. Medicamen Biotech Ltd. & Am. vs. Rubina Bose, Drug Inspector reported in AIR 2008 Supreme Court 1939 (6). Dharampal & Pushpa Devi vs. State of Raj. reported in 1999 Cr.L.J. 3110. (7) M/s. Anu Products Ltd. & Ors. VS. State reported in WLN (Raj.) UC 2000 Page 327 (8) M/s. Rallis India Limited & Ors. vs. State of Raj. & Ors. reported in WLN (Raj.) 1998(3) Page 373 = RLW 1998(3) Raj. 1498. and requested the Court that without considering the judgments mentioned above, the learned trial Court has decided the application and hence, the order dated 24.2.2003 passed by the trial Court be quashed and set aside and the trial Court is directed to re-hear the application of the petitioners and decided the same on the basis of the judgments mentioned hereinabove and other points if he raised. 3. The learned Public Prosecutor has seriously opposed the submissions made by the learned counsel for the petitioners. 4. In view of the above, I set aside the order dated 24.2.2003 passed by the Chief Judicial Magistrate, Sawai Madhopur and remand the matter back to the Chief Judicial Magistrate, Sawai Madhopur with a direction to decide the application of the petitioners as afresh in the light of the aforesaid judgments. This Criminal Misc. Petition stands disposed of accordingly. 5. In view of the above, I set aside the order dated 24.2.2003 passed by the Chief Judicial Magistrate, Sawai Madhopur and remand the matter back to the Chief Judicial Magistrate, Sawai Madhopur with a direction to decide the application of the petitioners as afresh in the light of the aforesaid judgments. This Criminal Misc. Petition stands disposed of accordingly. 5. The petitioners are directed to appear before the Court of Chief Judicial Magistrate, Sawai Madhopur on 22.2.20 10.