Jaswinder Singh And ANR v. State Of Punjab

2023:PHHC:073046 CRM-M-20745-2023 - 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-20745-2023 Decided on : 19.05.2023 Jaswinder Singh and another . . . Petitioner(s)

Versus

State of Punjab . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Rakesh Verma, Advocate and Mr. Manish Verma, Advocate for the petitioner(s).

Mr. J.S. Arora, DAG, Punjab.

**** SANJAY VASHISTH , J. (Oral) 1.

In the present quashing petition, on 26.04.2023, following order was passed:- "

Learned counsel for the petitioners submits that petitioners were summoned in complaint case No.COMA-77/2017 dated 06.12.2017 under Sections 3(k)(i), 17, 18, 29 and 33 of Insecticides Act, 1968, titled as "State Vs. Jatan Kheti Sewa Centre & others". The said complaint is barred by limitation. Learned counsel for the submits that co-accused has filed a petition bearing CRM-M-No.5234 of 2018 which was allowed on 23.01.2023, operative part of the extract of the said order is as under:- "Since the complaint is barred by limitation, it cannot be proceeded further. If proceedings in the complaint are allowed to go, then it would amount to be the misuse of the process of law.

In view of the above discussion, the present petition is allowed and the complaint bearing No.COMA-77/2017 dated 06.12.2017, registered under Sections 3(k)(i), 17, 18, 29, 33 of the Act, titled State vs. M/s Janta Kheti Sewa Centre & Others, pending in the Court of learned Chief Judicial Magistrate, Moga (Annexure P-1) and Summoning Order dated 06.12.2017 (Annexure P-2) are hereby quashed along with all consequential proceedings arising therefrom." JAWALA RAM 2023.05.19 17:20 I attest to the accuracy and integrity of this document

2023:PHHC:073046 CRM-M-20745-2023 - 2 - Learned counsel for the petitioner submits that notice to petitioners have been issued despite the quashing of the complaint.

Let report from concerned Court be called for 19.05.2023."

2.

Counsel for the petitioners submits that subsequently, after appreciating the spirit of the order dated 23.01.2023, passed by this Court, Ld. Chief Judicial Magistrate/Trial Court has dropped the proceedings qua the petitioners before this Court in the present petition, vide its order dated 27.04.2023.

Counsel for the petitioners produces a copy of the order dated 27.04.2023, in Court, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place.

3.

Counsel for the petitioners submits that in view of the fact that since proceedings qua the petitioners have been dropped, present petition is rendered infructuous and may be disposed of as such. 4.

Disposed of, being infructuous.

(SANJAY VASHISTH) JUDGE May 19, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2023.05.19 17:20 I attest to the accuracy and integrity of this document