KRISHNA AGENCIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Misc. Petition under Sec. 482 Cr.P.C. has been filed against the order dt. 12.02.2004 passed by Chief Judicial Magistrate, Jaipur City, Jaipur in Original Cr. Case No. 416/2004 whereby cognizance has been taken against the present petitioners for the offence under Sec. 29(1)(a)(i) of the Insecticides Act, 1968. The relevant facts of the case are that Insecticide Inspector and Assistant Director, Agriculture (QC) H.Q., Jaipur filed a complaint against the present petitioners and others which is under consideration before the Court below. The only contention of the present petitioners is that required sanction is not valid and legal and has been awarded without due application of mind, hence the proceedings should be quashed in toto.

(2.) HEARD the learned counsel for the petitioners and learned Public Prosecutor and perused the impugned order.

(3.) IN view of the above, the present case is also identical as referred to supra and clearly shows that the sanction has been awarded in a mechanical manner without application of mind. It does not contain even facts of the case which constitute the offence or the ingredients of offence nor any ground for the satisfaction of the Authority. In view of the above, the petition succeeds and is allowed. The impugned order dt. 12.02.2004 passed by Chief Judicial Magistrate, Jaipur City, Jaipur in Original Cr. Case No. 416/2004 is quashed qua the petitioners.