ATUL GULATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under Section 482 CrPC has been filed by the petitioner. Atul Gulati is the Managing Director of M/s Bharat Chemicals and Fertilizers Limited, Alwar. The prayer made in the petition is for quashing of the complaint dated October 5, 1993 filed under Clause 19(1)(a) of the Fertilizer Control, 1985 read with Section 7 of the Essential Commodities Act. A copy of the aforesaid order has been appended as Annexure P.1 with the present petition.

(2.) A further prayer has been made to quash the order dated September 29, 1995 passed by the learned Special Judge whereby the petitioner has been ordered to be summoned through non-bailable warrants. A copy of the aforesaid order has been appended as Annexure P.2 with the present petition.

(3.) SHRI Dinesh Goyal, the learned counsel for the petitioner has submitted that this course was not open to the learned Special Judge inasmuch as there are no allegations whatsoever against the petitioner Atul Gulati in the complaint itself, nor there is anything to connect him with the sub-standard fertilizer. It is further maintained by the learned counsel for the petitioner that in fact there was no application even filed by the Public Prosecutor to implead the petitioner as an additional accused.