S M ALTAF Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition brought by S.M. Altaf, the petitioner for quashing of complaint No.243-2 dated 11.08.2008 filed by the respondent against the petitioner and others for an offence punishable under section 3(k)(i), 17, 18 and 33 punishable under section 29(1) of Insecticides Act, 1968 read with Rule 27(5) of Insecticide Rules 1971 (Annexure P-1) as also the summoning order dated 11.08.2008 passed by learned Judicial Magistrate Ist Class, Abohar (Annexure P-3) whereby he has been summoned to face trial, being illegal without jurisdiction and against the settled principles of law.

(2.) Though the challenge by way of this petition is to the complaint also and prayer has been made for quashing of the complaint yet learned counsel for the petitioner has admitted that the complaint is not liable to be quashed. He limited his arguments to challenging the order dated 11.08.2008 passed by learned Judicial Magistrate Ist Class, Abohar of giving notice to the petitioner and others.

(3.) Learned counsel for the petitioner has contended that for possessing misbranded intoxicants the complaint was filed by State through Sandeep Kumar , Insecticide Inspector, Abohar against the petitioner and others. According to him, the Magistrate did not pass a speaking order on 11.08.2008 while issuing notice to the petitioner and others. According to him, the order passed by the Magistrate is not only non-speaking but also cryptic and hence the same is liable to be set aside. In support of his submissions, he has cited before me a decision of a Co-ordinate Bench of this Court in Madan Mohan Nayar v. State of Punjab, 2009 1 RCR(Cri) 52 where in a prosecution under Weights and Measures Act, nonspeaking summoning order was quashed.