JUDGMENT

S. Malik, J. - This is an application under section 561-A of the Cr.P.C. praying that proceedings in the case under section 16 read with S. 7 of the Prevention of Food Adulteration Act pending in the court of Sri D. S. Mathur, Magistrate 1st Class, Agra, against the applicant be quashed.

2. The relevant facts are that sample of curd is said to have been taken for analysis from the accused by the Food Inspector on the 19th of June, 1970. Complaint against the applicant was filed by the Nagar Swasthya Adhikari on the 2nd of November, 1970 and thereafter the accused was summoned by the court concerned and he actually appeared before that court on the 16th of November, 1970. After his appearance his learned counsel urged before the learned Magistrate that as the complaint was filed and the accused appeared before the court after nearly five months, in view of the observations made by the Supreme Court in Municipal Corporation of Delhi v. Ghisa Ram, AIR 1967 SC 970 the complaint against the applicant should be dismissed and the applicant discharged without framing any charge against him as the applicant had been deprived of his valuable rights u/sub-S. (2) of S. 13 of the Preven