NORTHERN MINERALS LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed by the petitioners seeking to challenge the order dated 24.02.1995 passed by the learned Civil Judge (Senior Division) and Additional Chief Judicial Magistrate, Shahpura, District Jaipur, whereby he has taken cognizance against them. The petitioners have prayed that the said order, passed by the learned Magistrate, be quashed and set aside. Further, it has been prayed that all subsequent proceedings sought to be undertaken in pursuance of the cognizance order may also be quashed and set aside. It has also been prayed that the complaint itself be dismissed.

(2.) The brief facts of the case are that on 18.08.1994, a sample of Dimethoate 30% EC Batch No. 810 was taken from the premises of M/s. Bhagwati Agra's, Delhi Road, Shahpura, District Jaipur. The said firm was a dealer of the manufacturer M/s. Northern Minerals Ltd., Daultabad Road, Gurgaon (Haryana). All the petitioners are connected with M/s. Northern Minerals Ltd., in the manner as mentioned in the cause title. The date of expiry of the sample taken by the Agriculture Officer (Plant Protection), Shahpura was August 1995. The sample taken from M/s. Bhagwati Agra's was sent for chemical examination to the Insecticide Analyst, State Pesticide Testing Laboratory, Durgapura, Jaipur. The State Laboratory, vide its report dated 17.10.1994, declared the sample of Dimethoate as substandard. On receiving the said report, a complaint was filed in the Court of Civil Judge (Senior Division), Shahpura against the accused petitioners and four other persons. After having received the complaint, the learned Magistrate took cognizance against the accused persons vide his order dated 24.02.1995. The order of cognizance reads as under:

(3.) The learned Public Prosecutor has raised an objection saying that the petitioners, in this petition, have sought to be challenged the order of cognizance, which is revisable and as such, they should have preferred a revision petition under Section 397 Cr.P.C. before the appropriate Court. The submission made by the learned Public Prosecutor has substance because the principle of law has now been well settled in that respect, in the case of Sessions Judge, Sawai Madhopur Vs. Dashrath Singh,1996 RCC 592. The learned Division Bench, while answering a reference, has held that order of cognizance is an order final in nature, and therefore, it is revisable before the competent court. However, this matter can be considered on the merits also.