Mohinder Kumar Vs. The State of Haryana and Anr.
Email(Arising out of SLP (Crl.) No. 2320 of 1999)
(Arising out of SLP (Crl.) No. 2320 of 1999)
Criminal Procedure Code, 1973
Section 482 – Complaint under Section 7 of Essential commodities Act, 1955 – Petition under Section 482 Cr. PC for getting the complaint quashed – In another similar matter proceedings pending before Full Bench of the High Court because the earlier Division Bench order was doubted by the High Court – Despite pendency of similar matter before Full Bench of High Court, Single Judge opted to follow the Division Bench Order – Whether the High Court was right in not awaiting the out come of the order of the Full Bench. Held: No. High Court should have awaited the order of the Full Bench. In the meantime Full Bench order is stated to have been delivered. Impugned order of High Court in this case set aside. Matter sent back to High Court for disposal as per law. Appeal allowed.
1. Leave granted.
2. A petition was filed before the High Court under Section 482 of the Code of Criminal Procedure for quashing the complaint dated 3.2.1999 under Section 7 of the Essential Commodities Act read with clause 19 of the Fertilizer Control Order.
3. On an earlier occasion in a similar matter the High Court doubting the correctness of the decision of the Division Bench, the matter had been referred to the Full Bench. On behalf of the Appellant, it was brought to the notice of High Court that when the matter was still under consideration and it would be in the fitness of things to await the outcome of the decision in that matter by the Full Bench. However, without awaiting for the outcome of the decision in that matter by the Full Bench, the High Court proceeded to state that so long as ruling of the Division Bench holds the field, the learned Single Judge proposed to follow the same decision and decide the matter. We do not think that was the right course adopted by the High Court. We, there-fore, set aside the order passed by the High Court and remit the matter to the High Court for fresh consideration in accordance with law. It has also been brought to our notice that
the Full Bench decision has now been rendered. Appeal is allowed accord-ingly.
