Court No. - 64
Case :- APPLICATION U/S 482 No. - 21407 of 2019 Applicant :- Harish Mittal And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Pradeep Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought quashment of the order dated 06.02.2019 passed by the Additional Chief Judicial Magistrate, Hapur, in Case No.637 of 2018 under Sections 38(1) (c), 3(1)(o), 23(1) read with Section 26(2)(v), 60, 61, 58 F.S.S. Act, 2006, Police Station Pilakhuwa, District Hapur.
Contention raised on behalf of the applicant is confined to the ambit that there is violation of the provisions of Section 77 of the Food Safety and Standards Act, 2006 which provides that after lapse of one year from the date of the commission of the offence as alleged in the complaint, no proceeding can be launched against anyone, despite that, the court below proceed further with the case and framed charge against the applicant who claims exoneration on that count.
Per contra, learned A.G.A. has opposed the prayer.
Considered the rival submissions and perused the record particularly the impugned order dated 06.02.2019. No good ground is made out for quashment of the impugned order. Accordingly, the prayer for quashment of the impugned order is refused.
However, taking into consideration the facts and circumstances of the case, it is provided that in case the applicant moves an appropriate application claiming exoneration on the aforesaid plea before the court concerned within three weeks from today, the court below shall scrutinize the same on its merits and pass appropriate orders in accordance with law after affording opportunity of hearing to the parties.
In the first instance, no coercive action shall be taken against the applicants till the period of three weeks from today, in case the aforesaid application is moved within aforesaid stipulated period, then no coercive action shall be taken against the applicants till disposal of aforesaid application.
However, it is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
Order Date :- 28.5.2019 rkg