- (1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure on behalf of petitioners, namely, Pardeep Kumar Garg, Kewal Krishan Garg and Ashok Kumar Garg, for quashing of F.I.R. No.33 dated 21.08.2008, under the Insecticides Act, 1968, the Insecticides Rules, 1971, the Seeds Act, 1966, the Seeds (control) Order, 1983, the Fertilizers (Control) Order 1985, the Essential Commodities Act, 1955, the Environment Protection Act 1986 and under Sections 420, 467, 468, 471 of Indian Penal Code registered at Police Station Giddarbaha, District Muktsar.
(2.) Learned counsel for the petitioners submits that only the complaint is maintainable not the FIR. Learned counsel for the petitioners further submits that the present FIR is liable to be quashed on this ground alone. Learned counsel also submits that only the Insecticides Inspector was competent to launch proceedings against the accused. As per Rule 27 of the Insecticides Rules, 1971, allegations, if any, in the complaint is to be investigated by the Insecticides Inspector. The present FIR has been registered against the petitioners, which is totally misuse of process of law. Learned counsel for the petitioners has also placed reliance upon the judgment of this Court in Rakesh Kumar vs. State of Haryana, 2011 1 RCR(Cri) 102 wherein judgments in Jatinder Kumar Jain v. State of Punjab,2008 2 FAC 437, S.C. Sharma and another v. State of Haryana and others, 2003 1 RCR(Cri) 788, Piyara Singh and others v. State of Haryana, 2002 3 RCR(Cri) 290 and Padam Bansal v. State of Haryana, 2005 4 RCR(Cri) 68 have been relied.
(3.) Learned State counsel has not disputed the submission made by learned counsel for the petitioners. In view of the submission made by learned counsel for the parties and also the settled proposition of law, the present deserves to be allowed.;