AKSHAY JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks a direction to quash the Criminal Complaint Case No. 18/2011 (State Vs. Jai Bnagwan Agrawal and others) pending in the Court of Judicial Magistrate First Class, Sakti and cognizance taken by the Trial Court in the said criminal case, which was supported by an application under Section 473 of the Code of Criminal Procedure, 1973 (for short "the Cr.PC").

(2.) The facts, in narrow compass, are that the respondent No. 5 filed a complaint against the petitioner on 10-1-2011 after a delay of 5 years from the date of taking samples, before the Court of Judicial Magistrate First Class, Sakti, under Section 473 of the Cr.PC, which was taken cognizance by the Judicial Magistrate.

(3.) According to the learned Counsel appearing for the petitioner, the petitioner is the stockist of Dabur Products. On 18-2-2006, the respondent No. 6/ Food Inspector visited the shop of Jai Bhagwan Agrawal to purchase the sample of Dabur Anmol Shudha Nariyal Tel for analysis. 3 packets were purchased and receipt thereof was given to Jai Bhagwan Agrawal. Thereafter, the Panchnama was prepared vide Annexure P-5. Jai Bhagwan Agrawal filed an affidavit before the respondent No. 3 on 16-5-2006 stating that he had purchased the said product from Mamta General Stores, Vyapar Vihar, Bilaspur. Subsequently, the complaint was filed by the respondent No. 5, which was taken cognizance by the Court of learned Judicial Magistrate First Class, Sakti, District Janjgir-Champa. Thus, the complaint case as well as the order taking cognizance of the case on the basis of the complaint, may be dismissed on the ground that the same was filed after a period of 5 years.