- (1.) A. S. Gill, J. This is a petition under Section 482 of the Code of Criminal Procedure for quashing of proceedings of Com plaint Case No. 2899/91 of 1983 State v. Mis. Sekseria Sugar Mills and others pending in the Court of Special Judge, Gonda. The facts narrated in the petition and the sub missions made do not warrant continuance of the petition any longer and can be dis posed of at this stage by an appropriate order as follows.
(2.) THE grievance of the petitioner is that they were Directors of Sugar Mill by name of M/s. Sekseria Sugar Mills Ltd. Babhnan, District Gonda and by Gazette notification dated 13-3-1979, issued by the Ministry of Agriculture and Irrigation, Department of Food the Central Govern ment in exercise of its power of sub section 2-B of Section 3 of Sugar Undertaking (Taking Over of the Management) Act, 1978 took over the management of the said Sugar Mills (Undertaking) for a period of three years with effect from 13-3-1979 and that the petitioners No. 1 to 4 were the Directors of the aforesaid Sugar Mill. A complaint under Section 3/7 of the Essential Com modities Act was filed against the petitioners on the allegations that seven samples collected by Inspector Sugar on 17-3-82 were found below standard and were in contravention of the Control Order. The learned counsel for the petitioners contends firstly that on the date of taking sample and filing of the complaint the management of the sugar mill was vested in the Central Government and the petitioners were not liable for any con travention of the Control Order in any man ner. Secondly that during the pendency of the complaint case the petitioners moved two applications on 30th August, 1995 for their discharge from the case as well as for exemption from appearance and both these applications have still not been disposed of by the Special Judge. The first grievance of the petitioners that they were not liable for any contravention of Control Order being out of management during the concerned period is itself belied from the Notification, copy of which is Annexure-1, which men tions that the management of the Sugar Mill Undertaking shall vest in the Central Government with effect from 13-3- 1979 for three years. Admittedly, the samples were taken by the Food Inspector on 17-3-82, which is obviously after the aforesaid period of 3 years. As such by efflux of time of 3 years from the date of notification, the manage ment revested in the petitioners who were Directors of the Sugar Mill. The learned counsel for the petitioner contends that there were subsequently some other notifications, but no such notifications were placed on file nor there is any such plea. It is, therefore, clear that there is no illegality in filing of the complaint against the petitioners on the facts of the averments made in this petition itself. The contention of the petitioners that their applications for discharge and ex emption from appearance have not been disposed of till today, can be accepted and appropriate directions can be issued to the concerned Special Judge for disposal of these applications without further delay.
(3.) IT is directed that the learned Spe cial Judge shall dispose of the applications for discharge as well as for exemption from appearance moved by the petitioner on 30th August, 1995 on the next date of hearing. With these observations this petition is dis posed of being without merit. Petitioners may produce copy of this order before learned Special Judge. A separate copy of this "order be sent to the learned Special Judge separately. Petition disposed of. .;