P.K. Bhasin, J.

By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 and Article 227 of the Constitution of India the petitioners seek quashing of the criminal complaint no.49/10 filed against them and some others under Sections 7/16 of the Prevention of Food Adulteration Act, 1954(“the Act of 1954” in short) as well as the order dated 2nd March, 2010 passed by the learned Additional Chief Metropolitan Magistrate, New Delhi whereby they were summoned as accused for these offences.

2. The two petitioners were sought to be prosecuted by the Food Adulteration Department on the averment that they were the directors of the Company by the name of M/s RJP Restaurants and Hotels Pvt. Ltd. (hereinafter to be referred as “the Company”), which was made the main accused in the complaint for the commission of the offences mentioned above, and as such they were in-charge of the affairs of the Company and so also liable to be punished for those offences. From this averment made in the complaint it is clear that the petitioners were sought to be made liable for the offences allegedly committed by the Company only because of their being its Directors and not bec