Court No. - 55
Case :- APPLICATION U/S 482 No. - 37423 of 2018 Applicant :- Amit Agrawal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ganesh Mani Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire criminal proceeding of case including summoning order dated 15.02.2018 passed by the Additional District Judge (II), Kanpur Nagar arising out of S.S.T. No.11 of 2016, under Section 3(1) zz (v) in Definition Clause of Food Safety and Standard Act, 2006 and under Sections 58 and 59 (III) Food Safety and Standard (Packaging and Leveling) Regulations, 2011, P.S. Kidwai Nagar, District Kanpur Nagar pending in the court of Additional District Judge, Kanpur Nagar.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
Considering the facts and circumstances of the case, I do not find any ground to quash the criminal proceedings including order dated 15.02.2018, therefore, the prayer for quashing the same is hereby refused.
Accordingly, the present application is dismissed.
However, it is provided that if the applicant appears and moves an appropriate application for discharge under section 245(2) Cr.P.C. before the court below within two weeks from the date of receipt of a certified copy of this order then the application of the applicant shall be considered and decided expeditiously preferably on the same day in accordance with law.
If the applicant moves an application as stated above within two weeks, no coercive action shall be taken against the applicant till disposal of the said application.
Order Date :- 29.11.2018 Asha