Premature quashing petition decision set aside for not awaiting Full Bench ruling in a connected matter.

The High Court should have awaited the Full Bench ruling on the connected issue before deciding the quashing petition under Section 482 CrPC concerning a complaint under Section 7 of the Essential Commodities Act read with Clause 19 of the Fertilizer Control Order. Deciding the matter while the reference remained pending was premature and deprived the court of the benefit of the later Full Bench decision. The Supreme Court set aside the impugned order and remitted the matter to the High Court for fresh consideration in accordance with law.

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Issues: Whether the High Court was justified in deciding the quashing petition without awaiting the Full Bench decision in the connected matter, and whether the impugned order should be set aside and the matter remitted for fresh consideration.

Analysis: The petition before the High Court sought quashing of a complaint under Section 7 of the Essential Commodities Act read with Clause 19 of the Fertilizer Control Order under Section 482 of the Code of Criminal Procedure, 1973. The matter involved a similar issue already under reference before the Full Bench, and the proper course was to await that decision before proceeding. By deciding the matter while the reference was still pending, the High Court acted prematurely and without the benefit of the Full Bench ruling that was subsequently rendered.

Conclusion: The impugned order was set aside and the matter was remitted to the High Court for fresh consideration in accordance with law, in favour of the appellant.

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