MAHESH KUMAR AGRAWAL Vs. STATE OF U P
LAWS(ALL)-2013-6-6
HIGH COURT OF ALLAHABAD
Decided on June 18,2013

MAHESH KUMAR AGRAWAL Appellant
VERSUS
STATE OF U P Respondents


Referred Judgements :-

BANKEY BIHARI AGARWAL VS. STATE OF U.P. [REFERRED TO]


JUDGEMENT

- (1.)Heard Sri Nitin Kumar Agrawal, learned counsel for the applicant and learned A.G.A.
By means of present 482 Cr.P.C. application, the applicant has prayed for quashing the entire proceedings of Case Crime No. 253 of 2010 under Sections 272 and 273 I.P.C., police station Naraura, District Bulandshahar pending before the Additional District and Session Judge, Bulandshahar as Session Trial No. 635 of 2011 (State v. Mahesh) under Sections 272 and 273 I.P.C. as well as the impugned order dated 16.3.2013 and 23.3.2013 passed in the aforesaid session trial.

The facts of the case are that the shop of the applicant was inspected by opposite party No. 2 on 31.10.2010 and had taken the sample of sweet (Besan Ka Laddu) and the same to the Public Analyst for its opinion. In the report of the Public Analyst, Khesari was found in the Sweet which is injurious to the health, hence the same was adulterated. Thereafter on the complaint of the opposite party No. 2, an F.I.R. has been lodged against the applicant on 29.12.2010. The investigation of the matter was done and after conclusion of the investigation, report under Section 173 Cr.P.C. was filed against the applicants under Sections 272 and 273 I.P.C. The applicant has moved a discharge application annexed as Paper No. 17-A to the present application on 1.5.2012 which was rejected by the trial Court on 16.3.2013. Subsequently, the applicant has moved another application annexed as Paper No. 27-B to the present application before the trial seeking adjournment on the ground that he want to file an application before this Hon'ble Court challenging the order dated 16.3.2013 which was also rejected by the trial Court by order dated 23.3.2013. Both the orders are impugned herein.

(2.)The applicant has questioned these proceedings on the ground that in view of the Food Safety and Standard Act, 2006, no proceedings can be initiated under Sections 272 and 273 of the I.P.C. The power of police has been excluded by the Act to initiate any investigation in the matter. His plea was rejected by the trial Court. Under these circumstances, he has approached this Court.
(3.)The applicant has placed reliance on a Division Bench Judgment of this Court in Writ Petition No. 8255 (MB) of 2010, M/s. Pepsico India Holdings (Put) Limited and another.
I have perused the material on record as well as the aforesaid Judgment. Following directions have been passed by the Division Bench:

In view of the aforesaid discussions, the writ petitions are allowed. The impugned G.O. dated 11.5.2010 issued by the State Government contained in Annexure-1 to the writ petition is hereby quashed. Consequently, the FIR dated 11.8.2010 registered as case crime No. 392 of 2010 under Sections 272 and 273 IPC, PS Cantt. District Varanasi, FIR dated 11.8.2010 in Case Crime No. 144 of 2010 registered at PS Rohaniya, District Varanasi and the FIR registered as case crime No. 244 of 2010, PS Khuldabad, District Allahabad are also hereby quashed. The concerned Magistrates shall immediately pass necessary orders for forthwith release of all the petitioners, who are in jail.



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.