- (1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the original record of the case.
(2.) By this petition filed under S. 482 Cr. P.C. the petitioners have prayed that the proceedings of criminal original case No. 80/87 u/S. 29(1) of the Insecticides Act, 1968, pending in the Court of Munsif and Judicial Magistrate, Pali be quashed as the order dated 22nd November, 1985, whereby the learned Judicial Magistrate entertained the second complaint on the same facts and issued process against the accused persons including the petitioners, is illegal and without jurisdiction.
(3.) The first contention of the learned counsel for the petitioners is that the first complaint filed by the Insecticide Inspector on 23rd May, 1985 was dismissed by the learned Munsif and Judicial Magistrate, Pali vide order dated 1st October, 1985 and that order of dismissal being a judicial order, could not be revised by the learned Munsif and Judicial Magistrate by passing the order dated 22nd November, 1985 and therefore, the learned Munsif and Judicial Magistrate had no jurisdiction to entertain the second complaint and initiate proceedings against the petitioners on its basis as was done by passing the order dated 22nd November, 1985. ;