V.K.Garg vs State of Punjab

B. Rai, J.

This Criminal Misc. Petition has been filed by one V.K. Garg with a prayer to stay the operation of the order dated 15.5.1998 issuing nonbailable warrants against the petitioner.

Brief facts of the case are that Chief Agricultural Officer, Hoshiarpur filed a complaint under Section 19(1)(a) of the Fertilizer (Control) JUDGMENT 1985 issued under Section 3 of the Essential Commodities Act punishable under section 7(1)(a) of the said Act. On the said complaint, case F.I.R. No. 65 dated 22.6.1994 was registered at Police Station Tanda District Hoshiarpur. In that case, Special Judge, Hoshiarpur, issued a notice to Vijay Kumar Garg requiring him to appear in the Court on 31.3.1998 at 10 a.m. which led Vijay Kumar Garg to file a petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing of notice/summoning order Annexure P2 in the case F.I.R. No. 65 dated 22.6.1994 under Section 7 of the Essential Commodities Act read with clause 19(1)(a) of the Fertilizer (Control) JUDGMENT 1985 and all subsequent proceedings arising therefrom.

When the case came up for hearing on 28.4.1998, the following order was passed :

Notice for 28.5.1998. Further proceedings are stayed till further orders .............".

Vide order dated 28.5.1998 record of the lower Court was requisitioned.

Equipped with the order dated 28.4.1998 Vijay Kumar Garg filed an application before the trial Court and the learned Special Judge, Hoshiarpur, passed the order dated 6.5.1998, which reads as under :

"Shri V.K. Garg has filed this application through his counsel to the effect that further proceedings have been stayed till further orders. The Hon''ble High Court has not passed any order staying arrest of the petitioner. In pursuance of the order issued by this Court on 25.4.98 no proceedings now can be taken by me as per directions of the Hon''ble High Court as the proceedings of the challan case have been stayed.

I would like to observe here that I would not be taking any proceedings from today onwards.

To come up on 15.5.98, the date already fixed."

On 15.5.1998, the learned Special Judge passed the following order :

"The Hon''ble High Court has stayed further proceedings till further orders, vide order dated 28.4.1998.

There is no necessity to write more but I have pointed out to the learned counsel for V.K. Garg accused that nonbailable warrants were issued against this accused on 15.5.1998. The warrants have neither been received either executed or otherwise. I have advised the learned counsel for V.K. Garg also to get the order stayed with regard to the issuance of non bailable warrants as per order dated 25.4.98. I would like to mention here that no mention has been made by the Hon''ble High Court with regard to the non bailable warrants issued against the accused. To come up for awaiting further orders from Hon''ble the High Court on 28.8.1998."

In these circumstances, V.K. Garg has approached this Court with a prayer to stay the operation of the order dated 25.4.1998 whereby bail bonds and surety bonds executed by V.K. Garg were cancelled and non bailable warrants were issued against him for 15.5.1998 and notice to his surety was also ordered to be issued.

Learned counsel for the applicant has argued that it was brought to the notice of the learned Special Judge, Hoshiarpur that a case for quashing of proceedings is pending before the Hon''ble High Court but the learned Special Judge vide order dated 25.4.1998 issued non bailable warrants against the petitioner and fixed the case for 15.5.1998. Thereafter, the petitioner along with the certified copy of the order dated 28.4.1998 filed an application before the learned Special Judge with a prayer to withdraw the said non bailable warrants issued against him and it also brought to his notice that because the warrants are also part of the proceedings which have already been stayed by the Hon''ble High Court, the learned Special Judge illegally and wrongfully refused to withdraw the non bailable warrants. Vide his orders dated 15.5.1998, he advised the petitioner to file an application in the High Court for stay of the said warrants which according to the learned counsel amounts to violation of the orders of the High Court.

There is sufficient force in the contention raised. Scrutiny of the record of the lower Court shows that on 6.5.1998, it had come to the notice of the trial Court that further proceedings had been stayed till further orders though in para 2 of the order dated 6.5.1998, it was specifically observed that "I would like to observe here that I would not be taking any proceedings from today onwards". Still the case was adjourned to 15.5.1998. Not only this, on 15.5.1998, the learned Special Judge continued with the proceedings and passed a detailed order advising the learned counsel for V.K. Garg to get the order stayed with regard to the issuance of non bailable warrants as per order dated 25.4.1998. The order dated 15.5.1998 is nothing but a step further in proceedings. Still further the learned Special Judge has violated the order dated 28.4.1998 by making an attempt to find fault with the said order observing that "I would like to mention here that no mention has been made by the Hon''ble High Court with regard to the nonbailable warrants issued against the accused." The orders dated 6.5.1998 and 15.5.198 passed by the learned Special Judge, Hoshiarpur, have not only violated the order of this Court dated 28.4.1998 but also provides a clue that the Special Judge passed these orders intentionally with a view to harass the accused. At this stage, it would not appear reasonable to take action against Mr. H.P. Handa, Special Judge, Hoshiarpur without affording an opportunity but he would explain the circumstances under which he had been continuing with the proceedings despite the stay order passed by this Court. Mr. H.P. Handa, Special Judge, Hoshiarpur, is directed to submit his explanation within seven days from the date of receipt of a copy of this order. The registry is directed to send a copy of this order to Mr. H.P. Handa, Special Judge, through the District and Sessions Judge, Hoshiarpur, under registered A.D. cover. The records of the lower Court be sent down immediately.

Adjourned to 11.8.1998.