High Court Punjab-Haryana High Court

Bharat Kumar vs State Of Punjab & Others on 5 December, 2008

Punjab-Haryana High Court
Bharat Kumar vs State Of Punjab & Others on 5 December, 2008
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