SYED MOHD IQBAL Vs. DEPTT OF HORTICULTURE

JUDGEMENT

(1.) Petitioners have sought Indulgence of this Court by invoking inherent jurisdiction of this Court in terms of Section 561-A of Criminal Procedure Code for quashing of the complaint titled as Ghulam Hassan Najar v. Fungicide India Limited (file No. 13/M, dated of institution 13-6-2001) and proceeding drawn therein, pending in the Court of Judicial Magistrate 1st Class (Sub-Registrar), Srinagar.

(2.) It appears that written complaint came to be filed by Divisional Manager, Plant Protection Stores/Workshop Lalmandi, Srinagar under Section 29/A of Insecticides Act 1968 in the Court of Judicial Magistrate 1st Class (Sub-Registrar), Srinagar, on 13th June, 2001. After recording the preliminary statements of the complainant and upon perusal of the complaint the trial Court has drawn cognizance and issued process against the accused and accordingly bailable warrant came to be issued against the accused vide order dated 13th June, 2001.

(3.) It appears that on 10th July, 2001, one Mohammad Javed, General Manager of Fungicides India Limited, Sheikh Bagh, Srinagar caused appearance and stated that Syed Mohammad Iqbal and Syed Mohammad Altaf are the proprietors and owners of the Fungicides (India) Ltd. and accordingly, summons came to be issued against Syed Mohammad Iqbal and Syed Mohammad Altaf.