Ram Kesharwani and Another vs State of UP.

Rajiv Sharma and S.C. Chaurasia, JJ.—Heard learned Counsel for the petitioners and learned Additional Government Advocate. The grievance of the petitioners is that a report was submitted by the Chief Food Inspector, Allahabad Region, Allahabad to the District Magistrate, Pratapgarh seeking sanction for prosecution of the petitioners for violation of the provisions of Prevention of Food Adulteration Act, 1954. On the said report dated 21.9.2010. the sanction has been granted by the District Magistrate on 22.9.2010 for initiating prosecution against the petitioners.

Learned Counsel for the petitioners submits that vide notification date 29,7.2010. Food Safety and Standards Act has been notified and as such, if the Food Inspector has any grievance, he can file an application before the competent authority, i.e. Food and Civil Supplies Commissioner, who is to grant sanction under the Food Safety and Standards Act. Furthermore, the Station House Officer, PS Kunda. District Pratapgarh had already registered as case u/s 272/273 IPC and on the same set of allegations, the instant prosecution is being initiated against the petitioners. Therefore, the action of the opposite parties is wholly unjust and without jurisdiction.

Prima facie, a case for interim relief is made out.

Accordingly, the operation and implementation of the order dated 22.9.2010, contained in Annexure No. 1 to the writ petition, is stayed, till the next date of listing.

Learned A.G.A. prays for and is hereby granted four weeks to file counter-affidavit and the petitioners will have two weeks thereafter to file rejoinder affidavit. List immediately after expiry of the aforesaid period.