ORDER
Viney Mittal, J.
1. The present petition has been filed under
Section 482 Cr.P.C. for quashing of the criminal
complaint dated November 22, 1991 filed under Sections
3K(i), 17, 18, 29 and 33 of the Insecticide Act, 1968,
copy of the aforesaid complaint has been appended as
Annexure P-1 with the petition.
2. I have heard Shri Vibhore Bansal, Learned
Counsel appearing for the petitioners and Shri Sandeep
Jain, learned Assistant Advocate General, Punjab appearing
for the respondent and with their assistance have also
gone through the contents of the complaint as well as the
contents of the present petition.
3. In my considered opinion, no case is made out
for exercising of the inherent powers of this Court under
Section 482 Cr.P.C. Various pleas have been raised by the
petitioners challenging the filing of the complaint and
continuation thereof. However, I find that those pleas
need to be raised by the petitioners before the learned
trial Magistrate.
4. Accordingly, the present petition is hereby
dismissed. However, a liberty is granted to the
petitioners to file an appropriate application before the
learned trial Magistrate for dropping of the proceedings
against tem. While filing the aforesaid application, it
shall be open to the petitioners to raise all the pleas
raised in the present petition and other defences
available to tem in accordance with law before the trial
Court. If any such application is filed by the
petitioners then the trial Magistrate would decide the
same on merits after affording an opportunity of hearing
to all concerned.
5. The personal presence of the petitioners shall
also remain exempted during the course of trial. However,
the learned trial Court is at liberty to secure the
personal presence of the petitioners as and when the same
is required by it is accordance with law.
6. Since the matter has remained pending in this
Court for a sufficiently long time, therefore, the trial
Court is directed that the proceedings in the case (SIC)
concluded expeditiously and in any case not later than
July 31, 2004.