V.K. GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 CrPC read with Article 227 of the Constitution of India for quashing of FIR No. 65 dated June 22, 1994, the report (challan) submitted by the police under Section 173 Cr.P.C.

(2.) AN FIR No. 65 dated June 22, 1994 was registered with police station Tanda, district Hoshiarpur under Claus 19(1)(a) of the Fertilizer Control Order, 1985 and Section 7 of the Essential Commodities Act, 1955.

(3.) IT is submitted by Shri Dinesh Goyal, the learned counsel for the petitioner that the entire perusal of the complaint Annexure P.1 on the basis of which the formal FIRE No. 65 dated June 22, 1994 has been registered does not show that the petitioner was involved in the commission of the offence in any manner. Further reliance has been placed upon the report submitted by the Investigating Agency under Section 173 CrPC against the present petitioner V.K. Garg and five other persons. Shri Goyal has contended that even the perusal of challan papers does not show that the petitioner was in any manner involved in the commission of the aforesaid offence. The learned counsel has maintained that in fact the perusal of the challan papers as well as the FIR would clearly show that there was no role assigned to the present respondent who at the relevant time was the Managing Director of M/s. Munak Chemicals Limited. I have carefully gone through the various documents relied upon by the learned counsel and found that the submission of the learned counsel deserves to be accepted.