Punjab-Haryana High Court
M/S Jai Shree Rasayan Udyog & Anr vs State Of Punjab on 3 February, 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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Crl. Misc. No. 33538-M of 2008 Date of Decision:- 3.2.2009 M/s Jai Shree Rasayan Udyog & Anr.
Versus State of Punjab Present:- Mr. Dinesh Goel, Advocate, for the petitioner.
Mr. Rattan Brar, AAG, Haryana.
M.M.S.BEDI. (J) (Oral) The first sample was reported by the analytical chemist to be non- standarad due Zinc percentage as 11.76 per cent Zinc was found in place of specification of ICO i.e 21%. However, second sample was sent and the report of Joint Director of Cental Ferilizers Quality Control and Training Institute, Faridabad was described as standared of composition as per analysis was found to be 1.18% against the specification as per FCO percentage (21.00 min).
In view of the second report, the sample of fertilizer having been found to be within permissible tolerance limit the continuation of criminal proceedins would be an abuse of process of Court. The application for discharge has been declined on the grond that notice of accusation stand already issued.
Learned State counsel has opposed quashing of proceedings on the ground that charge having been framed, petition should be dismissed.
I have considered the said contention. Mere framing of charges will not curtail the jurisdiction of this Court to quash the proceedings in Crl. Misc. No. 33538-M of 2008 -2- case there is absolutely an abuse of process of the Court. In continuation of criminal proceedings second sample having been found to be within the permissible tolerance limits.
In view of the above circusmtances, the complaint Annexure P-2 and all the criminal proceedings initiated pursuant to the said complaint including the order of framing of charegs and the impugned order Annexure P-6 are hereby set aside being an abuse of process of the Court.
Allowed. Proceedings are quashed against the petitioners.
February 3, 2009 (M.M.S.Bedi) tripti Judge