Kanoria Chemicals and Industries Ltd. and Others vs State of Rajasthan and Another

Shiv Kumar Sharma, J.—Instant petition u/s 482 of the Code of Criminal Procedure 1973 (for short ''Cr.P.C.'') has been filed by the petitioners on January 17, 2001 for quashing the order dated May 1, 1997 of the Chief Judicial Magistrate Sawai Madhopur whereby the cognizance u/s 29(1)(a) of the Insecticides Act, 1968 was taken against the petitioners.

(2). I have given my thoughtful consideration to the submissions advanced before me and scanned the case law placed for my perusal.

(3). A petition praying for the exercising of inherent powers is never barred by limitation and Article 131 of the Limitation Act, 1963 does not apply to such petition. But in my opinion the petitioner cannot be permitted to invoke inherent powers at his own sweet will. Where the petitioner does not approach u/s 482 Cr.P.C. at the earliest possible opportunity, the High Court may decline to exercise inherent powers.

(4). A close look at the record of the Court below demonstrates that petitioner Lalit Mohan Sharma although resided at Sawai Madhopur, avoided the service of summons initially and then appeared before the trial court. R.S. Dubey however did choose not to appear before the trial court and straightway approached this Court. The instant petition which was filed after unexplained delay of 3 years and 8 months appears to have been filed with the intention to impede the proceedings pending before the trial court. In Gopal Chauhan v. Smt. Satya and Anr. (1), Himachal Pradesh High Court indicated that where an application u/s 482 Cr.P.C. was filed for quashing an order issuing process after a delay of more than three years, the applicant''s intention to impede the proceedings was apparent and Section 482 could not be invoked. The ratio indicated in the aforesaid case is squarely applicable to the facts of the instant matter. Without expressing any opinion in regard to merits and demerits of the case, I decline to invoke the inherent powers in view of laches on the part of the petitioners in filing the instant petition.

(5). For the reasons, aforementioned, instant Misc. Petition stands dismissed. Deputy Registrar (Judicial) is directed to remit the record forthwith to the court of Chief Judicial Magistrate Sawai Madhopur. The petitioners shall appear before the learned Chief Judicial Magistrate Sawai Madhopur on February 9, 2004 for seeking further instructions in the matter.