HARI CHAND AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint dated 18.8.1993 (Annexure P -2) under Section 3(k)(1), 17, 18, 29 and 33 of the Insecticides Act, 1968 (the Act for short) read with Section 27(5) of the Insecticides Rules, 1971 and all the subsequent proceedings arising therefrom. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed.

(2.) IN the present case, the complaint in question was filed against the petitioner and three others. The petitioner and other accused filed CRM No. 12953 -M of 1994 seeking quashing of the complaint in question. On 7.9.2001, the following order was passed by this Court in the said case: - -

(3.) THE trial Court erred in allowing the proceedings to continue against the present petitioner as the sanction order dated 2.2.1993 had been quashed by this Court vide order dated 7.9.2001 in CRM -M No. 12953 of 1994. Admittedly, no fresh sanction order has been passed by the competent authority except the order dated 2.2.1993, which already stood quashed by this Court. Since there was no sanction for prosecution of the petitioner, the application moved by the petitioner qua his discharge was also liable to be allowed. Accordingly, the present petition is allowed. The impugned order dated 18.5.2004 (Annexure P -4) is set aside. Consequently, the application moved by the petitioner seeking his discharge is allowed.