HARMOHINDER KAUR SANDHU, J. - (1.) SUBHASH Chander has filed this petition under Section 482 CrPC for quashing the police report Annexure P. 5 in F.I.R. No. 31 dated 13.4.1988 registered at Police Station Ahmadgarh, orders Annexure P/6 and Annexure P/7, charge-sheet Annexure P/8 and all subsequent proceedings arising therefrom.
(2.) THE case was registered against the petitioner and others on the basis of a letter sent by Chief Agricultural Officer, Sangrur to Senior Superintendent of Police, Sangrur for an offence under Section 7 of the Essential Commodities Act, read with Clause 19(1)(a) of the Fertilizer Control Order. Shri Daljit Singh Grewal, Fertilizer Inspector had drawn a sample of Chilatediron from the premises of M/s Jagdish Chander Rameshwar Dass, dealer firm of Ahmadgarh on 24.6.1987 and the sample was sent to Testing Laboratory, Ludhiana. On analysis sample was found nonstandard. During investigation statements of various witnesses were recorded and ultimately challan was not filed against the dealer as well as manufacturer, but challan was presented in the Court of Special Judge against partners of the distributor firm. The petitioner, who is one of the partners of distributor firm, namely, M/s. B.M. and Brothers, Shastri Market, New Court Road, Jalandhar filed the present petition raising various grounds but his main contention was that since no charge had been framed against the firm nor the firm was arraigned as an accused he could not be charge-sheeted for any offence committed by the firm. In the return filed by the respondent a preliminary objection was raised that earlier too Criminal Misc. No. 5846-M of 1990 was filed by the petitioner for quashing proceedings in this very F.I.R. and also for quashing the order of framing charge and that petition was dismissed on 5.9.1991. Similar petition without any change of circumstances on the same grounds was not maintainable.
(3.) I have heard the learned counsel for the parties.;