IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Miscellaneous No. M-26951 of 2006
Date of Decision: December 05, 2008
Bharat Kumar
.....PETITIONER(S)
VERSUS
State of Punjab & Others
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Mansur Ali, Advocate, for the
petitioner.
Mr. Kamaldeep Singh Sidhu, Deputy
Advocate General, Punjab.
Mr. Vikas Kumar, Advocate, for
respondent Nos.5 to 7.
. . .
AJAI LAMBA, J (Oral)
This petition has been filed under
Section 482 Cr.P.C. for issuing directions to the
official respondents to register FIR against the
private respondents namely respondent Nos.5 to 7 in
view of the report of Agriculture Department
(Annexure P-7).
Crl. Misc. No. M-26951 of 2006 [2]
The limited question that is required to
be considered in this case is whether prima facie it
has been made out that offence has been committed or
not so as to call for registration of FIR under
Section 154 Cr.P.C.
Attention of the Court has been drawn
towards (Annexure P-7) that is a memo addressed by
Director, Agriculture, Punjab to Chief Agriculture
Officer, Ferozepur. The memo has been addressed in
the context of judicial proceedings in Civil Writ
Petition No.2707 of 2005 ‘Bharat Kumar Vs. State of
Punjab’. There is a clear finding in memo dated
3.6.2005 to the effect that on inquiry it has been
found by the office that business of Fertilizer and
insecticides is being run in the shop located
outside IBP, Petrol Pump in village Gumjal by Satija
Trading Company. It has further been recorded that
there is a direct violation of Fertilizer Control
Order, 1985 and Insecticides Act. Keeping in view
the findings immediate action against the firm be
taken and information be sent to the Joint Director
(Inputs) for Director, Agriculture, Punjab.
Learned counsel for the respondent has
tried to build up a case that subsequent to the
passing of the orders and conducting inquiry as
reflected from Annexure P-7, the site was inspected.
However, fertilizer and insecticides were not found
in the premises outside IBP, Petrol Pump in village
Gumjal.
Crl. Misc. No. M-26951 of 2006 [3]
Learned counsel for the petitioner has
contended that there is another shop of the
respondent in immediate vicinity where the articles
are moved. Admittedly the sign board of the
respondent was found near the shop where the
business is being carried.
The issue whether the facts and
circumstances of the case require registration of
FIR is limited. It is only to be shown prima facie
that an offence has been committed so as to call for
registration of FIR. A reference to Annexure P-7
indicates that prima facie offence has been
committed. The contents of documents cannot be held
in doubt as the author of the documents is Joint
Director (Inputs) for Director, Agriculture, Punjab.
It is addressed to Chief Agriculture Officer,
Ferozepur, and is in reference to judicial
proceedings in this Court viz. Civil Writ Petition
No.2707 of 2005 ‘Bharat Kumar Vs. State of Punjab’.
In view of the above, it was the duty of
the authorities to have taken cognizance of the
offence committed. The petition is allowed.
Official respondents are directed to
register FIR and proceed with investigation.
In view of the delay already caused,
investigation be concluded expeditiously, preferably
within 90 days of receipt of certified copy of this
order.
(AJAI LAMBA)
Crl. Misc. No. M-26951 of 2006 [4]
December 05, 2008 JUDGE
avin