AI Structured Summary
Not yet generated for this judgment
Judgment
Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioner seeks quashment of order dated 09.03.2011, order dated 24.09.2011, order dated 15. 10.2011 and also order dated 03.02.2012, passed by the Court of learned Chief Judicial Magistrate, Kishtwar, by virtue of which non bailable warrant has been issued against the petitioner in complaint u/s 7/16 of Prevention of food adulteration Act.
I have heard learned counsel for the petitioner and perused the record.
From the perusal of the record it reveals that the respondent No. 1 filed a complaint under Section 7/16 of Food Adulteration Act, 1954 before the Court of learned Chief Judicial Magistrate, Kishtwar against Jeewan Singh (respondent No. 2 herein) and Managing Director, Shalimar Industries, SICOP Complex, Birpur, Bari Brahmana, Jammu (respondent No. 3 herein). The trial Court took cognizance and issued notice to the aforesaid respondents. On 03.02.2010, respondent no. 2-Jeewan Singh appeared however; respondent No. 3-Managing Director, Shalimar Industries did not appear before the Trial Court. Accordingly, process was issued against respondent No. 3-Managing Director, Shalimar Industries. It is worthwhile, to mention here that in the above said complaint name of respondent No. 3 herein has not been mentioned only Managing Director, Shalimar Industries, SICOP Complex, Birpur, Bari Brahmana, Jammu has been written.
It appears that an address of One Sunil Baru as accused no.2 was provided by complainant vide application dated 9.12.2009 and 24.02.2010; on which trial Court directed issuance of non-bailable warrants against respondent Managing Director .The order dated 22.12.2010 would reveal that Sunil Baru appeared before the trial Court as respondent -Managing Director Shalimar Industries, SICOP Complex, Birpur, Bari Brahmana, Jammu in compliance to warrant and filed an application for dropping the proceedings through his counsel, on the ground that he is not the Managing Director of Shalimar Industries and presently posted as Project operator at Mubark Mandi; that the complainant has provided wrong address of accused No. 2.
The Trial Court did not pass any speaking order on the said application; however, on the of statement of complainant, that he has no objection and correct name of accused was Ashok Kumar (petitioner-herein) , the court issued bailable warrant against the petitioner. Court below thus has issued bailable warrant of Rs, 10,000/- without authenticating the fact, as to whether petitioner was actually Managing Director or not. The Magistrate in this way has passed the order in a very casual way. Even otherwise, procedural law demands that Magistrates was to issue summon at first instance, because calling a person especially a high ranking officer by issuing warrant to face a criminal trial, amounts to disgrace. Order dated 2.9.2011,would reveal that Wassem Showkat, Advocate appeared before court and undertook to produce the accused no.2 before court on next date on 15.10.2011 . It is also mention here that Wassem Showkat, Advocate has filed vakalatnama for Sunil Baru and not for the petitioner. But, the court thereafter on 15.10.2011 court issued non-bailable warrant against the petitioner and continuously thereafter and lastly on 01.3.2012 .This Court vide order dated 01.03.2012, while entertaining the petition, has already stayed the execution of the warrant issued against the petitioner.
As per law, the Court below was not competent to issue warrant of any kind against the present petitioner directly without issuing any notice to him. Similarly non -bailable warrant of arrest cannot be issued without execution of bailable warrant.
In view of the above discussion, this petition is allowed and all the orders of Court below thereby issuing warrants against the petitioner are set aside. Record of court below is sent back with the direction to Court below that before issuing process against the petitioner, complainant shall be asked to place on record valid proof that petitioner was Managing Director, Shalimar Industries, SICOP Complex, Birpur, Bari Brahmana, Jammu at that very relevant time.
With the aforementioned observation, the petition is disposed of along with connected IA(s).