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2010 Supreme(P&H) 2667

SABINA
Rakesh Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

Sabina, J.

1. This petition has been filed under Section 401 of the Code of Criminal Procedure (`Cr.P.C. in short) wherein petitioner has challenged order dated 3.12.2005 passed by the Chief Judicial Magistrate Sirsa whereby the charge against the petitioner has been framed under Section 420 of the Indian Penal Code (`IPC for short) The contents of the complaint read as under :-

" On the above said matter, you are hereby informed that today i.e. 12.7.2004, Baljinder Singh s/o Bakshish Singh, Caste-Jat Sikh, r/o Dhani Kadan Singh, Village Mangla, Distt. Sirsa, Surjit Singh s/o Mangal Singh, Caste Jat Sikh, r/o Dhani Madan Singh, Village Mangla Jaswant Singh Randhawa s/o Bhajan Singh working as General Manager, Coromandal Agrico (Insecticide Company) informed this office that M/s Sham Shree Seeds, Janta Bhawan Road Sirsa, who is running the business of selling insecticides, is selling misbranded insecticides under name and labels of our company. He sold us 2 quintals 45 kgs Padan 4-G, saying it genuine. He took guarantee for it. When we were applying it on our fields, then one doctor from Coromandal Company visited our fields. We showed him the insecticide, upon which, he tol







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