ISHWARI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a criminal miscellaneous petition under Section 482 Cr. P.C. for quashing a charge against Smt. Ishwari Devi. The learned Counsel has argued that Smt. Ishwari Devi was never partner of the firm at the time when the inspection was done by the Inspector therefore her challan and also framing of the charge under the Essential Commodities Act should be quashed.

(2.) I have enquired from the learned Counsel whether for the relevant date on which the inspection was made there is any registration of the firm of that date or earlier date either with the Registrar of the firms or with the Income -Tax Authority showing that Ishwari Devi has withdrawn as a partner.

(3.) IN view of the above the detailed enquiry whether on account of the partnership deed having been entered into afresh as alleged by the learned Counsel there was withdrawal of partner Ishwari Devi on relevant date would be enquired into by the trial court. Ishwari Devi will have full opportunity to lead evidence in defence and so also cross -examine the prosecution witnesses on the relevant point.