ORDER

The petitioners have filed the present petition u/s. 482 of the Cr.P.C. against the order dated 22.3.2011 whereby the learned Magistrate took cognizance in a complaint filed under the provisions of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as “the Act of 1954” for short) and also challenging order dated 29.9.2012 whereby charges u/s. 7(1) and 16(1)(1)( (i) & (ii) of the Act of 1954 have been framed against them.

1. Petitioner No.1 is a company registered under the Companies Act, 1956 (now 2013) engaged in the manufacture and distribution of FMCG products, paper and paper boards, etc. The company is also working as a dealer by way of running e-Choupals for giving better facilities to the farmers in remote village areas. In the e-Choupal stores, the company also keep various goods and provides services at affordable rates to the farmers. The company has obtained a license to work as a Dealer in food products and also filed a nomination as required u/s. 17(2) of the Act of 1954 nominating petitioner No.2 as the nominee.

2. On 25.1.2010, the Food Inspector of the respondent visited e- Choupal Sagar situated at A.B. Road, District Dewas and took a sample of “Milko's Cookies” by way of purchasing 3 sealed packages of 250 gms. each manufactured by Relish Bakers & Confectioners, 40, Govt. Industrial Estate, Kalpi Road, Kanpur; and “Suhana Special Chana Papad” by way of purchasing 3 sealed packages of 200 gms. each. The staff posted in e-choupal issued Bill No. MP 10-3/8152 dated 25.1.2020 for the aforesaid products. The respondent issued Form VI against the aforesaid collection of the product.

3. In Form VI, the date of manufacture of “Milko's Cookies” was written as 27.10.2009 and the date “best before use” was written as 26.2.2010. According to the petitioners, the samples collected on 25.1.2010 ought to have been sent to the Public Analyst on or before 26.1.2010 but in violation of Section 11(3) of the Act of 1954, they were sent on 27.1.2010. After examining the samples, the Public Analyst submitted the report dated 18.2.2010 of “Milko's Cookies” which was found to be adulterated on account of “ash insoluble in dilute HCL was found to be 0.20% against the permissible standard 0.10%.

4.After completing the necessary investigation the respondent has initiated criminal proceedings against Rishabh Tandon - Store In-

charge, Choupal Sagar,; Prashant Mishra - Nominee-Choupal Sagar;

and Ashok Kumar Manwani, owner of Firm Relish Bakers and Confectioners by filling a complaint on 22.3.2011 in the Court of Judicial Magistrate, First Class. After taking cognizance, bailable warrants were issued against the accused persons. In support of the complaint i.e. charge-sheet, as many as 20 documents were filed by the Food Inspector, District Dewas. Ms Sushma Arvind Pathrol, Food Inspector, Dewas examined herself as P.W.1 in support of the complaint.

5.The petitioner submitted an objection in writing that, they have wrongly been arrayed as accused in the complaint, but the learned Magistrate rejected the objection taken by the petitioners and fixed the case for framing of charges on 29.9.2012. Hence, this petition u/s.

482 of the Cr.P.C. before this Court.

6. Vide order dated 21.10.2013, this Court issued notice to the respondents and stayed the further proceedings in Cr. Case No. 688/2011 till the next date of hearing which is continuing till date. Vide order dated 2.9.2014 the M.Cr.C. was admitted for a final hearing and the stay was continued until further orders. Thereafter, the petitioners filed an application seeking an extension of the stay order and vide order dated 12.3.2019 the interim order was continued. Again on 17.6.2022, the stay order was continued with a direction to list the case for final hearing. At any point in time, the respondents/State did not apply for vacating the stay or opposed the extension of the stay and because of this the