D.P. MANSINGHKA S/O SH. M.D. MANSINGHKA, BY CASTE MANSINGHKA, RESIDENT OF MANSINGHKA BHAWAN, GANGAPUR ROAD, BHILWARA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal misc. petitions under Sec. 482 Crimial P.C. have been filed on behalf of the petitioners being aggrieved with the order dated 10.8.2004 passed by the Addl. Chief Judicial Magistrate, Bhilwara (hereinafter referred to as the trial court) in Criminal Regular Case No.503/2003, whereby cognizance has been taken against the petitioners for the offence punishable under Sec. 3/7 of the Essential Commodities Act. The petitioners have also prayed for quashing of the criminal proceedings pending against them before the trial court.

(2.) Brief facts of the case are that on 8.11984, Krishna Singh, the Enforcement Officer has submitted a written report to the SHO, Police Station City Kotwali, Bhilwara alleging that on 17.7.1984, he inspected the premises of M/s Rajasthan Vanaspati Products, Bhilwara and four samples of vegetable oil products were taken. It is alleged that the samples were examined by the Chief Directors, Civil Supplies Ministry and the same were found not conforming to the standards prescribed under the Vegetable Oil Control Order, 1949.

(3.) On the basis of the aforesaid report, FIR No.502/1984 was registered at the Police Station, City Kotwali, Bhilwara for the offence punishable under Sec. 3/7 of the Essential Commodities Act. After investigation, the police has filed charge sheet against two persons namely Surendra Mohan Gupta, the Chemist of the Company and Dinesh Dutt, the Quality Control Chief of M/s Rajasthan Vanaspati Products Ltd. The charges have been framed against the above named two persons for the offence punishable under Sec. 3/7 of the Essential Commodities Act, however, they have filed an application before the trial court under Sec. 190(1) Crimial P.C. with a prayer for impleading the petitioners as accused, as they were the Directors of M/s Rajasthan Vanaspati Products Ltd. These accused persons have also prayed that they may be discharged from the allegations levelled against them.