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1991 Supreme(All) 397

N.L.GANGULY
SHAILENDRA KUMAR JAIN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
V.S.Singh

N. L. GANGULY, J.

( 1 ) THIS is an application under S. 482, Cr. P. C. seeking an order that the proceedings in complaint case No. 9 of 1991 State v. Gopal Das and others under S. 16 (1) (c) of the Prevention of Food Adulteration Act, P. S. Kotwali Jhansi, pending in the court of Munsif Magistrate (Economic Offences), Jhansi may remain stayed by virtue of provision of S. 210 (1), Cr. P. C. It is stated that an FIR has been lodged in respect of the same incident u/ss. 332,352 and 427,ipc by the Chief Food Inspector, Jhansi. It is stated that the incident took place at the same time. One offence is an offence punishable under the provisions of the I. P. C. causing hindrance in discharge of the official duty of the Government servant, hurt and mischief, while other case is u/s. 16 (1) (c) of the Prevention of Food Adulteration Act. The two sets of offences are entirely different and distinct and there is no prohibition in law that proceedings in both the cases cannot be proceeded simultaneously. The provision of S. 210, Cr. P. C. are not attracted in such circumstances. The learned Counsel has not correctly appreciated the provision of S. 210, Cr. P. C. The purpose of S. 210, Cr. P. C.

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