SARASWATI BENIWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Criminal Misc. Petition impugns the order dated 7.2.1998 of the learned Judge, Special Court, Essential Commodities Act, Jaipur. Whereby the application submitted by the petitioner for recalling the order of cognizance and for discharging her of the offence 'under was dismissed.

(2.) Facts are not in dispute. Vijay Beniwal (Since dead) and present petitioner Smt Saraswati Beniwal have been the partners of a partner-ship firm M/s. National High Way Filling Station, Narsinghpura, Ajmer Road. Jaipur. At the time of inspection Vijay Beniwal was present at the Petrol Pump. The licence of the Petrol Pump was issued in the name of Vijay Beniwal and Smt. Saraswati Beniwal. It has not been established from the record that petitioner Smt. Saraswati Beniwal was present at the Petrol Pump or she took active part in supervising the said Petrol Pump.

(3.) But after investigation a charge-sheet was filed against Vjjay Beniwal and Smt. Saraswati Beniwal before the learned Court below. Vijay Beniwal had died on 4.7.1997.