IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.13468 of 1989 (O&M) Date of decision:10.03.2011 M/s Sunder Lal & Bros and others ....Petitioners versus The State of Punjab and others ...Respondents II. Criminal Misc. No.563-M of 1990 (O&M) Chaman Lal Sood and another ....Petitioners versus The State of Punjab ...Respondent III. Criminal Misc. No.565-M of 1990 (O&M) Sunder Lal ....Petitioner versus The State of Punjab ...Respondent IV. Criminal Misc. No.568-M of 1990 (O&M) Jagan Nath and another ....Petitioners versus The State of Punjab ...Respondent V. Criminal Misc. No.570-M of 1990 (O&M) Harish Kumar ....Petitioner versus The State of Punjab ...Respondent Civil Writ Petition No.13468 of 1989 (O&M) - 2 - CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Gur Rattan Pal Singh, Advocate, for the petitioners. Ms. Rita Kohli, Additional Advocate General, Punjab. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? Yes. 3. Whether the judgment should be reported in the digest ?Yes. ---- K.Kannan, J. (Oral) 1. The matter in CWP No.13468 of 1989 relates to an order of prohibition issued by the Executive Magistrate under Section 144 Cr.P.C. for alleged violation of provision of Section 3 and 4 of the Explosive Substances Act, 1908. It pertains to the period ending with 30.10.1989. They have no longer any relevance at this time. The writ petition is, therefore, dismissed as such. 2. The connected OPs are to quash the challans issued for alleged violations of the order which was in challenge before this Court in the above writ petition. Having regard to the fact that the prayer in the writ petition has become infructuous, the proceedings lodged in the year as early as in 1989 are not also required to be reopened for consideration. Having regard to the decision that I have taken in the connected writ petition that the matter does not survive for consideration at this length of time, the consequential proceedings taken in these criminal miscellaneous petitions seeking for quashing of the FIR will have also to be considered favourably for the petitioners, for, it will be meaningless to keep the cases for prosecution for alleged offence of storing explosive Civil Writ Petition No.13468 of 1989 (O&M) - 3 - materials some time for in excess of what was authorized to done 22 years back. All these proceedings are quashed for the only reason that a quick disposal is the hallmark of justice and a criminal prosecution for an alleged offence need not be detained the Court for fresh consideration. The FIRs lodged pursuant to the alleged violation of Section 144 are quashed. This will not in any way hamper the State agencies from taking any action in accordance with law for any violation or breach of the provisions of the Explosive Act for any subsequent period. (K.KANNAN) JUDGE 10.03.2011 sanjeev