2015 Supreme(Raj) 1654
PRASHANT KUMAR AGARWAL
Jalam Chand Kesar Chand Parakh – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioners:V.R.Bajwa, Advocate.
For the State: Prakash Thakuria,Public Prosecutor.
JUDGMENT
1. - Heard learned counsel for the parties.
2. The accused-petitioners have filed this Criminal Misc.Petition under Section 482 Cr.P.C. with a prayer to quash and set aside the order of cognizance passed by the Additional Chief Judicial Magistrate, Bundi in Criminal Case No.120/2013 and the criminal proceedings arising thereunder to the extent of petitioners.
3. Brief relevant facts for the disposal of this petition are that a complaint came to be filed against petitioners and co-accused for the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred as "the Act") with the averment that Soyabean Refined Oil manufactured by M/s Parakh Foods Limited, one of the accused, was found to be misbranded. The present petitioners were arrayed as accused in the complaint on the ground that they at the relevant time were Directors of the aforesaid company.
4. Inviting attention of the Court towards Section 17 of the Act, it was submitted by the learned counsel for the petitioners that there are no allegations/averments in the complaint as regards the role of petitioners in respect of the alleged offence and there is no allegation that the pe
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