SUPREME COURT OF INDIA

Before:- S. Rajendra Babu and S.N. Phukan, JJ.

Criminal Appeal No. 261 of 2000, arising out of SLP (Cri.) No. 2320 of 1999. D/d. 3.3.2000.

Mohinder Kumar - Appellant

Versus

State of Haryana and another - Respondents

Criminal Procedure Code, 1973, Section 482 - Essential Commodities Act, 1955 Section 7 Fertilizer Control Order, Clause 19 Judicial discipline - Quashing of complaint - On earlier occasion in a similar matter the High Court doubting the correctness of decision of Division bench , matter referred to Full Bench - Without waiting for out-come of decision in that matter, High Court proceeded to state that so long as ruling of Division Bench holds the field, and decided the matter - Not right approach adopted by High Court - Full Bench decision has now been rendered - Matter remitted to decided matter in accordance with law.

[Para 3]

JUDGMENT

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 out-come of the decision in that matter by the Full Bench. However, without awaiting for the out-come 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, therefore, 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 accordingly.

Appeal allowed.