Surendra and Company vs Rajesh Kumar Rai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(MP) 579

S.K.PALO
Surendra and Company – Appellant
Versus
Rajesh Kumar Rai – Respondent

Advocates:
K.N. Gupta with R.S. Dhakad for petitioner;
Ms. Sudha Shrivastava, Panel Lawyer for respondent/State;
Sanjay Dwivedi for respondent No.3.

ORDER

1. This petition under section 482 of CrPC has been filed for invoking the inherent jurisdiction of this Court to quash the criminal proceedings pending as Criminal Case No.7197/2011 before the Judicial Magistrate First Class, Gwalior registered under section 7/15 of Prevention of Food Adulteration Act, 1954 read with Rules known as Prevention of Food Adulteration Rules, 1955.

2. Briefly stated the factual matrix is as follows: the complainant-respondent No.2 is the Food Inspector serving under the respondent No.1 Deputy Director Foods and Drugs Administration, District Gwalior. He has been authorized by Public Health and Family Welfare Department and also by Director Food and Drugs Administration and Local Health Officer to observe the Prevention of Food Adulteration in Gwalior. The complainant-respondent No.2 on 13.6.2011 at about 4:30 p.m. came to the shop of the petitioner, which is in the Firm Future Retail Ltd., Deendayal City Mall, Phoolbag, which is run by Surendra and Company. He purchased three samples of Neutralite “Healthier than Butter” from the manager Shivanand Jha at a cost of Rs.330/-. The samples are of batch No.K-122, PKD 05/2011. He has also obtained receipt