R.L. KAKAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, relates to quashment of complaint dated 24th October, 1978, Annexure P-1 and consequent proceeding taken thereunder including order dated 26th February,, 1992, Annexure P 8 passed by Additional Sessions Judge Barnala, whereby the case was sent back for further enquiry and disposal, in accordance with law.

(2.) IN brief, facts relevant for the disposal of this petition are that the petitioner was carrying on business of-sale of tractors within the municipal limits of Barnala. He is alleged, to have evaded the payment of octroi duty amounting to Rs. 680/- on the tractors imported by him within the municipal limits during the period commencing from 24th August 1977 to 21st March 1.978. This complaint was filed by the Municipal Committee, Barnala, under Section 78 of the Punjab Municipal Act before, the Judicial Magistrate Ist Class, Patiala. The petitioner was tried summarily and the Magistrate directed to pay octroi duty amounting to Rs. 680/- with penalty to the tune of five times of the said amount vide order dated 8th January 1979. The revision filed by the petitioner was allowed by Additional Sessions Judge, Barnala, on 25th April, 1979, The Municipal Committee went in revision which was accepted by this Court and the case was sent back to the Additional Sessions Judge, Barnala, vide order dated August 3, 1982, for fresh decision. Additional Sessions Judge, Barnala, remanded the case to the Chief Judicial Magistrate, Sangrur, with a direction that a sum of Rs. 3,400/-, out of the fine, if already paid by the petitioner, be refunded to him. The case was sent to the Sub Divisional Judicial Magistrate, Barnala, who vide order dated 21st February, 1989, dismissed the complaint as time barred and discharged the accused-petitioner Additional Sessions Judge, Barnala, vide his order dated 26th February, 1992 sent back the case to the Sub Divisional Judicial Magistrate, Barnala, for enquiry and disposal according to law.

(3.) I find considerable merit in this contention. The petitioner is undergoing agony of trial for the last about 14 years for a petty offence for which the maximum sentence of imprisonment of six months could be passed against him. In this view of the matter, in my view, it is a fit case in which impugned complaint Annexure P-1 and consequent proceedings taken thereunder including order Annexure P-8 dated 16th February, 1992 passed by Additional Sessions Judge, Barnala are hereby quashed. This petition is accordingly allowed. Petition allowed.