Rajesh Giri vs State of U.P. and Another

Hon''ble Bala Krishna Narayana, J.—With the consent of Learned Counsel for the parties, this application is being disposed of finally at this stage. Heard Learned Counsel for the applicant and learned A. G. A. for the State.

This application u/s 482 Cr.P.C. has been filed by the applicant for quashing the proceeding of Complaint Case No. 1570 of 2011, State Vs. Rajesh Giri, u/s 7/16 of Prevention of Food Adulteration Act, P.S. Marihan, district Mirzapur pending before the court of Ist Additional Chief Judicial Magistrate, Mirzapur.

Learned counsel for the applicant submitted that the date on which the applicants'' establishment was raided, the Food Safety and Standards Act, 2006 had been enforced and hence the complaint filed against the applicants by opposite party No. 2 under The Prevention of Food Adulteration Act was not maintainable.

Learned counsel for the applicants further submitted that the order by which the court below has taken cognizance of the offence and summoned the applicant is an absolutely cryptic and nonspeaking order which does not reflect at all any application of judicial mind by the concerned Court to the facts of the case, nature of the accusations made against the applicants and the relevant provisions of law and such the same cannot be sustained.

From the materials on record it appears that the applicants'' premises was raided on 23.6.2011 and the complaint was filed against him u/s 7/16 of Prevention of Food Adulteration Act in the Court of A.C.J.M. Ist, Agra on 2.8.2011 and cognizance was taken by the court below on 2.8.2011 whereas the Food Safety and Standards Act, 2006 was enforced on 29th July, 2010.

Learned A. G. A. does not dispute the aforesaid legal and factual aspects of the matter. For the aforesaid reasons, I have no hesitation in holding that in view of the admitted factual position that the Prevention of Food Adulteration Act stood repealed on the date on which the complaint was filed against the applicant, the order dated 2.8.2011 by which cognizance has been taken by the court below of the offence punishable u/s 7/16 Prevention of Food Adulteration Act cannot be sustained and is liable to be quashed. This application is accordingly allowed. The order dated 2.8.2011 passed by the A.C.J.M. Ist, Mirzapur in Complaint Case No. 1570 of 2011, State Vs. Rajesh Giri, u/s 7/16 of Prevention of Food Adulteration Act by which he has taken cognizance and summoned the applicants in the aforesaid offence is quashed with liberty to the respondents to proceed against the applicant under the provisions of The Food Safety and Standards Act, 2006.