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2013 DIGILAW 658 (RAJ)

Raj Kumar v. State of Rajasthan

2013-04-02

SANDEEP MEHTA

body2013
JUDGMENT 1. - Issue notice.Learned Public Prosecutor accepts notice on behalf of the State of Rajasthan. 2. The instant misc. petition has been filed on behalf of the petitioner seeking quashing of the proceedings of the Criminal Case No. 572/2007 and against the order dated 29.10.2007 passed by the learned Addl. Chief Judicial Magistrate, Raisinghnagar, Distt. Sri Ganganagar, whereby, cognizance has been taken against the petitioner for the offences under Sections 7/19, 6(B), 13 and 14(1) of the Seeds Act. 3. Learned counsel for the petitioner has placed on record the order dated 12th October, 2011 passed by this Court in S.B. Criminal Misc. Petition No. 554/2009, whereby, the proceedings of the Criminal Case No. 572/2007 have been quashed qua the other accused persons on the ground that the mandatory sampling procedure was not followed by the Seed Inspector. Learned counsel for the petitioner submits that the case of the present petitioner is also on the same footing with that of the other co-accused persons, whose prosecution has been quashed by this Court. He thus prays that the instant misc. petition deserves to be allowed. 4. Per contra, learned Public Prosecutor has opposed the submissions advanced by learned counsel for the petitioner and submits that the petitioner's case is not distinguishable from the case of co-accused persons, whose prosecution has been quashed by this Court. 5. Heard learned counsel for the parties, perused the order impugned as well as the order dated 12th October, 2011 passed by this Court in S.B. Criminal Misc. Petition No. 554/2009. 6. This Court after making a detailed consideration of the matter has quashed the prosecution of the co-accused holding that the mandatory sampling procedure was not followed by the Seed Inspector. Learned counsel for the petitioner submits that the case of the present petitioner stands on the same footing as that of the co-accused, whose prosecution has been quashed by this Court. 7. In view of the aforesaid facts, this misc. petition deserves to be allowed. 8. Resultantly, this misc. petition is allowed. The proceedings going on against the petitioner in Criminal Case No. 572/2007 pending in the court of the learned Addl. Chief Judicial Magistrate, Raisinghnagar, Distt. Sri Ganganagar for the offences under Sections 7/19, 6(B), 13 and 14(1) of the Seeds Act are hereby quashed.Stay petitions also stands disposed of.Petition Allowed. *******