IN THE HIGH COURT OF MADHYA PRADESH AT Indore BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 2^nd OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 26912 of 2024 RITESH AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Harshwardhan Sharma - Advocate for the petitioners.

Shri Santosh Singh Thakur – Govt. Advocate for the respondent/State.

None present for the respondent no.2, despite service of notice.

ORDER

This petition under Section 482 of Code of Criminal Procedure, 1973 is filed for quashing of FIR registered at Crime No. 458/2020 dated 06.12.2020, P.S. Unhel, District Ujjain for offence punishable under Sections 272, 420 r/W Section 34 of IPC and the subsequent proceedings arising there from.

2. The exposition of the facts, giving rise to the present petition, is asunder :-

(i)Mr. Basant Dutt Sharma, Food Safety Officer(complainant), Food and Drugs Administration,Ujjain District Ujjain(M.P.) alongwith Mr. Bane Singh, Food Safety Officer, Food and Drugs Administration,Ujjain submitted a written complaint dated 06.12.2020 to SHO, P.S. Unhel, District Ujjain(M.P.) against accused - Ritesh Jain, Vishal Jain and Rajendra Jain (petitioners herein) stating that the petitioners are manufacturing mawa using Vanaspati in place of milk in order to get profit thereby cheating the general public. The Food Safety Officer conducted inspection of firm M/s. Oswal Farms at Roopakhedi, Unhel Road,Distt. Ujjain in compliance with the directions of the Chief Minister given through video conferencing on 09.11.2020, given to the Collectors of all the Districts of M.P. to take stern action against those who are manufacturing adulterated food items or those who are repeatedly involved in food adulteration and manufacturing or selling food products of sub-standard quality. The Food Safety Officer took sample of mawa, which was forwarded to the State Food Testing Laboratory, Bhopal(M.P.). The food analyst of the State Food Testing Laboratory opined that the samples of mawa is substandard under Section 3(1)(zx) of the Food Safety and Standards Act, 2006. Thus, the sellers/ Owners of Oswal Farms have sold adulterated food item and committed cheating with the customers. The Food Safety Officer referred to the other proceedings pending against the petitioners, prior to the present matters.

(ii) On such allegations, the PS Unhel, District Ujjain registered FIR at Crime No.458/2020 for offence punishableunder Sections 272, 420 r/W 34 of IPC against accused (petitioners) Ritesh Jain, Vishal Jain and Rajendra Kumar Jain. The statements of witnesses were recorded. The petitioners were given notice u/S 41(a)of Cr.P.C.On completion of investigation, final report was submitted on 10.02.2021. Learned Judicial Magistrate First Class took cognizance and framed charges.

The trial is yet to commence.

3. The impugned FIR at Crime No.458/2020 is assailed in present petition on following grounds:-

(i) The petitioners are law abiding citizens having no criminal antecedents and are permanent residents of Distt. Ujjain.

(ii) The offence u/S 420 of IPC is not made out against the petitioners even if the entire allegations leveled against the petitioners are accepted to be true as petitioners have not deceived anyone by fraudulently or dishonestly inducing anyone, to deliver any property to any person or to make, alter or destroy the whole or any part of valuable security or anything which is signed or sealed.

(iii) The allegation leveled against the petitioners is of preparing adulterated food item– mawa which is governed under the Food Safety and Standards Act, 2006, which has an overriding effect on the provisions of Section 272 of IPC.

On these grounds, it is prayed the impugned FIR and the impugned order framing charges against the petitioners be quashed.

4. Learned counsel for the petitioners, in addition to the grounds mentioned in the petition, contends that the offence punishable under Section 420 of IPC is not made out from the material on record, ther