Nisha Gupta, J. - (1.) The aforesaid petition has been filed against the order dated 1.6.2000, in Cr.Case No. 261/2000, passed by Additional Cm f Judicial Magistrate Chhabra, District Baran, whereby cognizance has been'&ken against the petitioners for the offences under Section 29(1)(a) of Insecticides Act, 1968 (for short the Act') and against the order dated 7.8.2000 whereby the petitioners 1 and 2 have been added as accused.
(2.) The brief facts of the case are that a criminal case was filed against Bhupendra and the petitioner No. 3 for offence under Section 29(1)(a) of the Act, and cognizance was taken by the learned trial Court on 1.6.2002. Afterwards, on 7.8.2000, the application was filed by the prosecution, and cognizance has been taken against petitioners No. 1 and 2 also.
(3.) The main contention of the petitioners is that there is no evidence or averment in the initial complaint against the petitioners, as is clear from the Annexure-1. Initially cognizance was taken against some of the accused, thereafter no further evidence has been taken. As such the impugned order of cognizance against the petitioner Arvind and Nand Kishore is liable to be quashed, in view of the provisions of Section 319 Cr.P.C.;