Ashutosh Mohunta, J.

1. The petitioners have prayed for quashing the complaint Annexure P-1 under Section 7 of the Essential Commodities Act, 1955.

2. Briefly the facts of the case are that a complaint was filed against the petitioner Annexure P-1 for having contravening Clause 19(i)(a) of the Fertilizer Control Order, 1985 and in pursuance to the complaint the petitioner was summoned vide order dated 12.5.2000. The petitioner filed a petition i.e. Crl. Misc. No. 21609-M of 1996 for quashing the complaint as well as the summoning order. The complaint as well as the summoning order were quashed vide order dated 3.12.1996 passed by Honble Mr. Justice Swatanter Kumar in Crl. Misc. No. 21609-M of 1996. The complaint as well as the summoning order were quashed primarily on the basis of a judgment passed in CWP No. 5643 of 1996 titled as Tarsem Singh v. Union of India and others. The Judgment in Tarsem Singhs case (supra) was set aside in LPA No. 1039 of 1996. As the LPA Bench set aside the order in Tarsem Singhs case (supra), therefore, the petitioners have now again been summoned by the Special Judge, Panipat, vide order dated 12.5.2000.

3. Counsel for the petitioners contended