Bharat Kumar vs State of Punjab and others

Ajai Lamba, J.—This petition has been filed u/s 482 Cr.P.C. for issuing directions to the official respondents to register FIR against the private respondents namely respondent Nos. 5 to 7 in view of the report of Agriculture Department (Annexure P-7).

The limited question that is required to be considered in this case is whether prima facie it has been made out that offence has been committed or not so as to call for registration of FIR u/s 154 Cr. P.C.

Attention of the Court has been drawn towards (Annexure P-7) that is a memo addressed by Director, Agriculture, Punjab to Chief Agriculture Officer, Ferozepur. The memo has been addressed in the context of judicial proceedings in Civil Writ Petition No. 2707 of 2005 `Bharat Kumar v. State of Punjab'',. There is a clear finding in memo dated 3.6.2005 to the effect that on inquiry it has been found by the office that business of Fertilizer and insecticides is being run in the shop located outside IBP, Petrol Pump in village Gumjal by Satija Trading Company. It has further been recorded that there is a direct violation of Fertilizer Control Order, 1985 and Insecticides Act. Keeping in view the findings immediate action against the firm be taken and information be sent to the Joint Director (Inputs) for Director, Agriculture, Punjab.

Learned counsel for the respondent has tried to build up a case that subsequent to the passing of the orders and conducting inquiry as reflected from Annexure P-7, the site was inspected. However, fertilizer and insecticides were not found in the premises outside IBP, Petrol Pump in village Gumjal.

Learned counsel for the petitioner has contended that there is another shop of the respondent in immediate vicinity where the articles are moved. Admittedly the sign board of the respondent was found near the shop where the business is being carried.

The issue whether the facts and circumstances of the case require registration of FIR is limited. It is only to be shown prima facie that an offence has been committed so as to call for registration of FIR. A reference to Annexure P-7 indicates that prima facie offence has been committed. The contents of documents cannot be held in doubt as the author of the documents is Joint Director (Inputs) for Director, Agriculture, Punjab. It is addressed to Chief Agriculture Officer, Ferozepur, and is in reference to judicial proceedings in this Court viz. Civil Writ Petition No. 2707 of 2005 `Bharat Kumar v. State of Punjab''.

In view of the above, it was the duty of the authorities to have taken cognizance of the offence committed. The petition is allowed.

Official respondents are directed to register FIR and proceed with investigation.

In view of the delay already caused, investigation be concluded expeditiously, preferably within 90 days of receipt of certified copy of this order.

Order accordingly.