Heard learned counsel for the applicant and learned AGA.
Relying upon the sanction granted under Section 7(6) of Food Adulteration Act by the local Health Authority dated 11.01.2010, it is contended that for the same incident the applicant is being prosecuted under that Special Act for offence Section 2(ia) (m) read with Rule 32 and 42 which clearly indicate that the victual was not obnoxious on injurious to health and therefore submission of charge sheet under Sections 272, 273 I.P.C. by the police is an exercise in mala fide.
Learned counsel for the applicant is directed to serve respondent no. 2 through RPAD within a period of a week from today. Respondent no. 2 as well as learned AGA may file a counter affidavit within three weeks. Learned counsel for the applicant will have one week thereafter to file rejoinder affidavit. List this case in the week commencing 16.08.2010 before the appropriate Bench.
Till the next date of listing, further proceedings of Case Crime No. 2178 of 2008 (Case No. 784 of 2010), under Sections 419, 420, 272, 273 I.P.C., Police Station-Kotwali, District-Jaunpur shall remain stayed against the applicant. Order Date :- 29.6.2010 Sharad