Court No. - 15
Case :- APPLICATION U/S 482 No. - 24957 of 2018 Applicant :- Mahesh Chandra Gupta @ Mahesh Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vinay Kumar Tripathi, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of impugned summoning order dated 29.05.2017 pending before the Court of Additional Chief Judicial Magistrate-I, Shahjahanpur as well as entire proceedings in Complaint Case No. 2764 of 2017, State Vs. Deepu Rathaur and others under Section 26(2)(V) and Section 62 of the Food Safety and Standards Act, 2006, Police Station Kotwali, District Shahjanpur.
Learned counsel for the applicant stated that he does not have shop at the place of occurrence as has been shown in the complaint at page No.15 of the paper book.
Learned A.G.A. has opposed the prayer of quashing.
Earlier learned counsel for the applicant had stated that the summoning order dated 29.05.2017 was passed without any reason on the basis of which, this Court had stayed the proceeding only to know as to what procedure was followed in the present case.
Learned A.G.A. has drawn attention of the Court towards Section 42 (4) and (5) of the Food Safety and Standards Act, 2006 and has stated that under Section 42(4), the Additional Commissioner (Administration) has given sanction to prosecute the accused applicant by permitting the concerned Food Safety Officer, District Shahjahanpur to present the complaint case under Section 42(5) of the said Act before competent court and in compliance with that the complaint (annexed at page No.15) has been presented before the court of Additional C.J.M.-I, Shahjahanpur for prosecution of the accused applicant.
There is not infirmity in the said impugned cognizance order because the same has been passed after consideration made by the Court of the said complaint which has been filed by the Jaipal Singh, Food Safety Officer who was authorised to file the complaint before the Court.
Impugned order does not suffer from any infirmity, hence, this application deserves to be rejected and is , accordingly, rejected.
Interim order stands vacated.
Order Date :- 7.9.2018 A. Mandhani