K. Ramakrishnan, J.

Accused Nos.1 to 5 in Crime No.732/2012 of Museum police station, Thiruvananthapuram have filed this petition to quash the proceedings under section 482 of the Code of Criminal Procedure.

2. It is alleged in the petition that the petitioners are accused 1 to 5 in Crime No.732/2012 of Museum police station, Thiruvananthapuram alleging offences under Sections 273, 328 and 34 of the Indian Penal Code read with Section 59(iii) of the Food Safety & Standards Act. This case was registered upon a complaint No.187/DPIN/BS/12 dated 15.7.2012 and the crime was registered by the Sub Inspector of Police, Museum police station. The second respondent is a police officer, who is not a notified authority under the Food Safety and Standard Act, which came with effect from 29.7.2010. The petitioners are conducting a restaurant by name "Salwa Cafe' at Vazhuthacaud junction, Thiruvananthapuram. The allegation was that on 10.7.2012, the second accused prepared food article by name 'Shavarma', which was injurious to health and that was sold to several persons, who developed complications and that, around 10 persons were admitted in different hospitals in Thiruvananthapuram. It is alleged that a person by name Sachin Mathew Roy, aged 21 years, also purchased and consumed 'Shavarma' from the restaurant of the petitioners on 10.7.2012 and he developed serious gastro problem, which resulted in his death at Bangalore. It is further known that with regard to the death of Sachin Mathew Roy, Crime No.UDR/No.52/12 under section 174 of the Code of Criminal Procedure was registered in Kalasipalayam police station and it is being investigated.

3. On the basis of the complaint received, Museum police has registered Crime No.732/2012 alleging offences under Sections 273, 328 and 34 of the Indian Penal Code read with section 59 (iii) of the Food Safety and Standard Act, 2006. During the course of investigation, on 18.7.2012 around 4 p.m. the petitioners surrendered before the Sub Inspector of Police, Museum police station and they were arrested and produced before the Judicial First Class Magistrate Court-III, Thiruvananthapuram on 19.7.2012 and they were remanded to judicial custody and after 50 days of judicial custody, the petitioners were granted bail. After the death of Sachin Mathew Roy, the Food Safety Authority has filed a complaint before the Judicial First Class Magistrate Court -III, Thiruvananthapuram and it is pending as C.C.No.231/2012 as against the first petitioner. The case of the petitioners is that after the coming into force the Food Safety and Standard Act, the general provisions in the Indian Penal Code regarding the same subject matter is impliedly repealed and they cannot be dealt with under both the enactments. Further different procedure and different punishment have been provided under the later Act namely Food Safety and Standard Act, 2006 and severe punishment has been provided for selling unsafe food causing death and this Act has repealed the existing Prevention of Food Adulteration Act and taken care of all type of offences relating to sale of food and consequences ensued on account of sale of such food. So, under the circumstances, they cannot be proceeded against under two enactments and they prayed for quashing the proceedings on that ground.

4. The Inspector of Police, Museum police station has filed a statement contending as follows:

On the strength of a complaint received from one Jijesh, a crime was registered in Museum police station as Cr.No.732/2012 under Section 328 and 34 of the Indian Penal Code against the petitioners. The allegation was that on 15.7.2012 a petition was received from one Jijesh complaining that he and two other friends consumed 'Shavarma' bought from 'Salwa Cafe', Vazhuthakad, Thiruvananthapuram on 10.7.2012 and it was infected with food poisoning. All the three persons were admitted to Medical College Hospital and were undergoing treatment there and requested to take action agai