Ajit Kumar vs State Of Rajasthan
2022 Latest Caselaw 5039 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1438/2022

1. Ajit Kumar S/o Sh. Suresh Kumar, Aged About 43 Years, Manager - Shivalik Agro Chemicals, B-59, Industrial Area, Phase VII, Mohali, District SAS Nagar (Punjab)

2. M/s Shivalik Agro Chemicals, B-59, Industrial Area, Phase VII, Mohali, District SAS Nagar (Punjab) Through Its Manager Ajit Kumar S/o Sh. Suresh Kumar, Aged About 43 Years.

----Petitioners Versus

1. State Of Rajasthan, Through Insecticide Inspector Cum Asst. Director Of Agriculture (Ext.), Jodhpur.

2. Joint Director Of Agriculture (Plant Protection), Jaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Pradeep Singh Mahaveer Bhanwariya For Respondent(s) : Mr. Andaram Choudhary, Public Prosecutor

JUSTICE DINESH MEHTA

Order

04/04/2022

1. Challenging the order dated 08.01.2019, whereby the

prosecution sanction in relation to Criminal Case No.601/2011,

pending adjudication before the learned Additional Chief Judicial

Magistrate, Jodhpur, as required under Section 17 of the

Insecticides Act, 1968 (Central Act, 46 of 1968) has been granted.

2. Mr. Pradeep Singh, learned counsel for the petitioners argues

that the order impugned is bereft of necessary ingredients, as has

been held by this Court in the case of S.N. Chemicals Vs. State of

(2 of 2) [CRLMP-1438/2022]

Rajasthan [RLW 2000(1) Raj. 343] and in the judgment passed by

Punjab & Haryana High Court High Court in the case of M/s.

Kissan Trading Co. Vs. State of Punjab [1996(1) RCR (Criminal)

132].

3. It is further argued that on issuance of the prosecution

sanction on 21.01.2019, the competent officer was required to file

a fresh petition, whereas the trial Court has taken up rather

revived the earlier proceedings.

4. Matter requires consideration.

5. Issue notice. Issue notice of stay application also,

returnable within six weeks.

6. Meanwhile, further proceedings in Criminal Case

No.601/2011 shall remain stayed.

(DINESH MEHTA),J 206-Ramesh/-

Powered by TCPDF (www.tcpdf.org)