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2024 Supreme(All) 1035

ARUN KUMAR SINGH DESHWAL
Jagdish Prasad – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Amit Singh
For the Opposite Party : G.A.

JUDGMENT :

Hon'ble Arun Kumar Singh Deshwal, J.

1. Heard learned counsel for the applicants and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 10.09.2021 passed by Special Judge Food Safety & Standards Act/ Additional Sessions Judge, Court No.9, Jhansi in Sessions Case No.643 of 2021, under Section 26(2)(v, i & ii)/58, 59(iii), 52(1) Food Safety & Standards Act, 2006 (hereinafter referred to as ‘Act, 2006’), Police Station Orai, District Jalaun as well as Non-bailable Warrant dated 27.10.2023 issued by Additional District Judge/FTC-IInd, Jhansi.

3. Facts giving rise to the present case are that applicant No.2 is the proprietor of a firm, named as M/s Balaji Traders Orai while applicant No.1 is the employee of the said firm of applicant No.2. The licence in Form -C under the Act, 2006 was also issued in the name of the firm of applicant No.2. In the above licence, applicant No.2 was mentioned as a person in charge of the operation of the firm and that licence is valid till 16.7.2024. An inspection was made by the Food Security Officer on 20.2.2020 in the manufacturing unit of

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