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Ramesh Bhati Vs. State of Rajasthan

Ramesh Bhati vs State of Rajasthan

Disposition Petition allowed Court Rajasthan Decided Jan 19, 2001
~1 min read
https://sooperkanoon.com/case/772834

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
S.B. Criminal Misc. Petition No. 940 of 1998
Subject
Civil
Disposition
Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Essential Commodities Act, 1955 - Sections 3/7 & Fertilizer Control Order 1957--Order 20(1)(d)--Speedy trial--Trial pending for 17 years--Misc. Petition for quashing proceedings--In the facts and circumstances proceedings liable to be quashed.;Misc. petition allowed -

Key legal issue
Civil
Outcome / disposition
Petition allowed

Parties & Advocates

Appellant / Petitioner

Ramesh Bhati

Respondent

State of Rajasthan

Legal References

Cases Referred
Kallu v. State of Rajasthan
Reported In
2001(4)WLN451

Excerpt

essential commodities act, 1955 - sections 3/7 & fertilizer control order 1957--order 20(1)(d)--speedy trial--trial pending for 17 years--misc. petition for quashing proceedings--in the facts and circumstances proceedings liable to be quashed.;misc. petition allowed - sunil kumar garg, j.1. the accused petition is facing trial for violation of order 20(1)(d) of the fertilizer control order, 1957 punishable under section 3/7 of the e.c. act for the incident of 25.10.1983.2. the present misc. petition has been filed to quash the proceedings in special criminal case no. 1/85 pending in the court of special judge, e.c. act cases, pali, as more than 17 years have passed.3. this court has taken the same view in so many cases, e.g. in the case of kallu v. state of rajasthan, reported in 1999 cr.l.r. (raj.) 14, this court has quashed the proceedings finding the delay of more than 9 years in e.c. act case.4. hence, the present misc. petition is allowed and the proceedings in special criminal case no. 1/85 pending in the court of special judge, e.c. act cases, pali are quashed.

Full Judgment

Sunil Kumar Garg, J.

1. The accused petition is facing trial for violation of Order 20(1)(d) of the Fertilizer Control Order, 1957 punishable under Section 3/7 of the E.C. Act for the incident of 25.10.1983.

2. The present misc. petition has been filed to quash the proceedings in Special Criminal Case No. 1/85 pending in the Court of Special Judge, E.C. Act Cases, Pali, as more than 17 years have passed.

3. This Court has taken the same view in so many cases, e.g. in the case of Kallu v. State of Rajasthan, reported in 1999 Cr.L.R. (Raj.) 14, this Court has quashed the proceedings finding the delay of more than 9 years in E.C. Act Case.

4. Hence, the present misc. petition is allowed and the proceedings in Special Criminal Case No. 1/85 pending in the court of Special Judge, E.C. Act Cases, Pali are quashed.

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