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High Court of Punjab and HaryanaCRM-M/59072/2024disposed of

M/S Crystal Crop Protection Ltd And ANR v. State Of Punjab

2025-09-23Mr. Justice Jasjit Singh Bedi3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 23.09.2025 M/S CRYSTAL CROP PROTECTION LTD & ANR .... PETITIONER(S)

VERSUS

STATE OF PUNJAB ....RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Maninder Arora, Advocate and Mr. Harmeet Singh, Advocate for the petitioners.

Mr. Harkanwar Jeet Singh, AAG, Punjab.

**** JASJIT SINGH BEDI , J. (Oral) The prayer in the present petition under Section 528 BNSS is for quashing of the order dated 11.11.2024 (Annexure P-2) passed by the Trial Court i.e. CJM, Moga whereby the respondent-Insecticide Inspector has been directed to take coercive steps to stop the sale of all products of the petitioner company in order to secure the presence of accused Nos.6 and 9. Brief facts of the case are that a criminal complaint was instituted by the Insecticide Inspector against nine accused. On being summoned, while all the accused put in their appearance, accused Nos.6 and 9 did not appear despite issuance of non-bailable warrants. To secure their presence, the Court of Chief Judicial Magistrate, Moga, vide order dated 11.11.2024, directed the Insecticide Inspector to take the coercive method of stopping the sale of the products of the accused

-2Company. A copy of the said order is annexed as Annexure P-2 to the petition.

The afore-mentioned order was challenged before this Court, and on 26.11.2021, the following order was passed:- "Petitioners M/s Crystal Crop Protection Ltd. Ludhiana and M/s Crystal Crop Protection Ltd. Samba Jammu have filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of impugned order dated 11.11.2024 (Annexure P2) passed by learned trial Court i.e. Chief Judicial Magistrate, Moga whereby respondent has been directed to take coercive steps to stop sale of all products of petitioners from its factory at Ludhiana as well as at Samba Jammu to procure the presence of co-accused Ashish Kumar accused No.6 and RakeshKumar accused No.9 in complaint titled as "State through Insecticide Inspector Vs. M/s Mittal Fertilizers and Pesticides and Ors. (Annexure P-1). Perusal of impugned order dated 11.11.2024 (Annexure P-2) indicates that in order to procure presence of accused No.6 and 9 as referred above sale of products of aforesaid petitioners-company has been stopped.

Notice of motion.

On asking of this Court, Mr. Kewal Singh, Addl. A.G., Punjab accepts notice on behalf of State and prays for an adjournment to file status report.

Considering the contents of impugned order dated 11.11.2024 (Annexure P-2) its operation is stayed till next date of hearing. Adjourned to 09.01.2025, for filing status report." The learned counsel for the petitioners contends that, in furtherance of the impugned order, accused No.6/Ashish Kumar and accused

-3- No.9/Rakesh Kumar have put in their appearance and, therefore, the impugned order be quashed.

The learned State Counsel has not disputed the factual position of accused No.6 and 9 having joined the proceedings. In view of the contentions made by the learned counsels for the parties, the impugned order dated 11.11.2024 (Annexure P-2) stands quashed.

All the pending miscellaneous applications, if any, stand disposed of.

(JASJIT SINGH BEDI) 23.09.2025 JUDGE Kusum Whether speaking/reasoned Yes/No Whether Reportable Yes/No