Mohammad Rafiq, J.

1. All these criminal miscellaneous petitions seek to assail orders passed by the trial court, whereby the applications filed by the petitioners under Section 467 of the Code of Criminal Procedure for dropping the criminal proceedings against them in the trial for offence under Section 28 of the Rajasthan Agricultural Produce Markets Act, 1961, (for short, ‘the Act of 1961’), have been rejected. A learned Single Judge of this court, in view of the conflicting opinion of different single benches as to whether or not the offence under Section 28 of the Act of 1961 is continuing one, by order dated 13.07.2007 has made a reference for authoritative pronouncement. In all these matters, the complaints were filed by the Secretary, Krishi Upaj Mandi Samiti, Alwar, that the accused firms by not making payment of the market fee to the Mandi Samiti have violated provisions of Section 17 of the Act of 1961, and were liable for punishment under Section 28 of the Act of 1961. Learned Magistrate, in all these cases, took cognizance and issued process against the petitioners. The petitioners thereupon filed application for dropping the proceedings of trial and for discharg