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2023 Supreme(P&H) 889

DEEPAK GUPTA
Rakesh Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Rakesh Verma and Mr. Manish Verma, Advocates for the petitioners.
Mr. Parneet Singh Pandher, AAG, Punjab.

DEEPAK GUPTA, J.

This order shall dispose of two petitions as titled above, arising out of the same complaint. Facts are noticed from CRM-M-20742-2018 (O&M), as reply by the respondent has been filed only therein.

2. By way of these petitions filed under Section 482 of the Code of Criminal Procedure, prayer has been made to quash complaint case No.1 dated 09.01.2018 titled as “State v. M/s Wadhwa Agro Centre & Others” under Sections 3(k)(i), 17, 18, 29, 33 of the Insecticides Act, 1968 (hereinafter referred as 'the Act') read with Rule 27(5) of the Insecticides Rules, 1971, pending for adjudication in the Court of learned Chief Judicial Magistrate, Fatehgarh Sahib (Annexure P-1), apart from the summoning order dated 09.01.2018 (Annexure P-2) and all the consequential proceedings arising therefrom qua the petitioners.

2. As it emerges on perusal of the paper book that on 11.07.2012, Insecticide Inspector, Bassi Pathana, visited the premises of M/s Wadhwa Agro Centre, Old Anaj Mandi, Bassi Pathana, District Fatehgarh Sahib [petitioner N: 2 in CRM-M-6331-2018] . Petitioner N: 1 the said petition is the proprietor of petitioner N: 2. After making necessary statutory compliances, he drew a

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