LAWS(RAJ)-2002-4-70

UNITED PHOSPHERUS LTD Vs. STATE OF RAJASTHAN

Decided On April 15, 2002
UNITED PHOSPHERUS LTD. (M/S.) Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE instant petition under Section 482 Cr.P.C. has been filed by the manufacturing company M/s. United Phospherus Limited and its Directors against the order of the learned Judicial Magistrate, First Class, Gharsana in criminal original No.478/94 dated 19.10.94 taking cognizance against the petitioners u/Sec.29 of the Insecticides Act, 1968 (in short, "the Act") hereinafter) and the present petitioners alongwith other accused were summoned.

(2.) HEARD Mr. M.K. Garg, learned counsel for the petitioner and Mr.D.D. Kalla, learned Public Prosecutor for the State.

(3.) THE arguments of the learned counsel for the petitioner is two fold: Firstly, that the accused-persons were deprived of their right for re-analysis of the sample. Secondly, there is no allegation in the complaint about complicity of the petitioners in commission of the offence. THErefore, the proceeding against the accused-persons are liable to be dismissed and it would be a futile exercise and the wastage of the public money and the time of the court to pursue such frivolous litigation. If the proceedings before the trial Court are being allowed to be continued, and it would amount to abuse of the process of the Court.