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Judgment
4 paragraphs · 206 wordsLeave granted.
Heard learned counsel for the parties and perused the relevant material.
The challenge in this appeal is against the order of the High Court dated 07.08.2013 by which the proceedings under Section 272 and 273 of the Indian Penal Code against the appellant has been refused to be quashed by the High Court.
It appears that on the same facts a prosecution under Sections 7/16 of the Prevention of Food Adulteration Act, 1954 (as it then existed) was launched against the appellant. The said proceedings have ended in acquittal on the finding that the food item was not kept for sale. The said finding in the parallel proceeding has attained finality in law. In view of the aforesaid finding recorded in the proceeding under the Prevention of Food Adulteration Act, the instant prosecution is bound to be a lame/sham prosecution. Having considered the matter in the aforesaid light, we are of the view that the High Court ought to have quashed the proceedings in exercise of power under Section 482 of Cr.P.C. The High Court having failed to do so, we quash the proceedings in question and allow this appeal. The order of the High Court is accordingly set aside.