JUDGMENT - KHANDEPARKAR R.M.S., J.:---Heard the learned Advocates for parties.

2. Rule. Rule returnable forthwith by consent.

3. In all these three petitions, the petitioners are seeking the relief in the nature of quashing the first information reports lodged by the respective Seed Inspectors with the police at the respective Police Stations, amongst other grounds, on the ground that the said reports do not disclose any cognizable offence.

4. In Writ Petition No. 245/2000, the petitioner No. 1 is stated to have been engaged in production, distribution and sale of cotton seeds under brand name "Bharat Seeds" and for that purpose, carries on business under a concern having name "Bharat 'S' Lines" and the petitioner No. 2 looks after the said business in Nanded and surrounding areas. It is their case that there is another seed producer by name "Nuziveedu Seeds Ltd." having its office at Guntur and processing Plant at Secunderabad and office at Hyderabad. The said company is engaged in production and sale of cotton seeds under the brand name "Bunny". The complaint against the petitioners is that they have cheated public with sale of seeds under the brand name "Bunny" and therefore, the first information reports are filed at various Police Stations in Maharashtra, including Sillod in Aurangabad and Majalgaon in Beed, at Pahoor in Jalgaon, Vazirabad in Nanded. The substance of all those F.I.Rs. appear to be that the seeds were sold by the petitioners representing the same to be of "Bunny" mark when in fact, they were not manufactured by the company which is duly registered as the manufacturer of the seeds with the said mark and, therefore, the petitioners have committed offence punishable under section 420 read with 34 of Indian Penal Code as well as under sections 78 and 79 of the Trade and Merchandise Marks Act and also under sections 6-A and 7 of the Essential Commodities Act.

5. In Writ Petition No. 253/2000, the petitioner No. 2 is stated to be carrying on business in seeds of various types in the name of Bhutada Krishi Kendra at Khamgaon, Buldhana. It is the case of the petitioners that a complaint has been lodged by the Seeds Inspector- the respondent No. 4 at Pahoor Police Station in Jalgaon District on 10-6-2000 complaining that he suspected some of the seeds collected from Shrikrishna Krushi Seva Kendra not to be genuine seeds and on inquiry it was learnt that the same were purchased from M/s. Kachrulal H. Bohra who in turn, had obtained the same from the petitioners since the seeds being bogus seeds and they originated from the shop of the petitioners, therefore, the petitioners were guilty of the offences punishable under sections 76 to 79 of the Trade and Merchandise Marks Act as well as section 420 of Indian Penal Code.

6. In Criminal Writ Petition No. 300/2000, it is stated that the Seed Inspector lodged complaint at Akole Police Station in the District of Ahmednagar on 10-7-2000 that the seeds of onion of Sapal Light Red brand manufactured by the petitioners and sold by Shramik Krushi Seva Kendra, Akole, Bageshwar Krushi Seva, Akole and Ganesh Krushi Seva Kalas in Akole taluka to thirteen different farmers, did not give desired yield of onion but of "Dongle" and, thereby the petitioners committed offence punishable under section 420 read with 34 of Indian Penal Code and sections 6(a) and 7(b) of the Seeds Act.

7. Pursuant to the lodging of the said complaints, it appears that the police started investigation. In all these three petitions, the said first information reports and consequential investigation by the police are sought to be challenged mainly on the ground that none of the complaints disclose cognizable offence so as to empower the police to investigate into the matter. The complaints do not disclose any offence either under any of the provisions of Indian Penal Code or under the provisions of the Trade and Merchandise Marks Act; that the Seeds Inspector, instead of following the procedure laid down under t

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