AMBA CHEMICAL INDUSTRIES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this miscellaneous petition aggrieved by the order dated 19.03.1993 passed by Judicial Magistrate No.1 (North-II, Kota) and order dated 16.02.2010 passed by Additional Sessions Judge No. 2, Kota whereby the revision petition preferred by the petitioner was partly allowed the order dated 12.07.1997 vide which the matter was restored was set aside and the matter was remanded to the Court below for summoning petitioners and for passing appropriate orders on the restoration application.

(2.) The factual matrix of the case are that a sample of insecticide was taken on 12.07.1991, a complaint was filed before the trial Court on 19.03.1993. The Court below took congizance and summoned the petitioners. On 14.10.1996 the proceedings were dropped and the petitioners were acquitted of the charge. An application was preferred by the Public Prosecutor on behalf of the State and the matter was restored by order dated 12.07.1997. Revision petition was preferred by the petitioner against the restoration order which was allowed by order dated 21.03.1998 and the matter was remanded to the Court below.

(3.) The main contention of counsel for the petitioner is that after acquittal in a case, a complaint cannot be restored and after the restoration order was quashed the Court below has issued notice after a lapse of twelve years.