SUMAN KANODIA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The facts leading to this petition are that M.K. Bhan, Food Inspector, visited the premises of Delhi Gram Flour Mill & Company on 31-3-1973 and lifted a sample of Besan from Durga Prasad, who was the Manager at the Mill. The sample was divided into three parts. One was sent to the Public Analyst, who reported that it was adulterated. A complaint under section 7 read with section 16 of the Prevention of Food Adulteration Act was filed in the Court of the Metrop litan Magistrate by the Union of India through Shri U.S. Sharma, Food Inspector of the office of Directorate General of Health Services against Durga Prasad, Manager of the firm (Delhi Gram Flour Mill & Company) and nine partners of the firm including Smt. Suman Kanodia, the present petitioner.

(2.) The learned Magistrate recorded the evidence of the complainant and passed an order on 3-10-1975 for framing the charge against all the accused. One of the accused, namely, Smt. Suman Kanodia, has felt aggrieved from the said order and has filed the present petition under section 482 of the Code of Criminal Procedure, 1973 read with Art. 227 of the Constitution of India for quashing the order for framing the charge.

(3.) This case came up before V.D. Misra, J. on 10-11-1975. A preliminary objection was raised that this Court had no jurisdiction to exercise the inherent powers under section 482 of the Code of Criminal Procedure since section 397(2) of the Code prohibits a revision against an interlocutory order. The matter was referred to a larger Bench. It has been decided by a Divisional Bench of this Court on 9-2-1977 that framing of a charge was an interlocutory order and that no revision lies. The applicability of the inherent powers under section 482 of the Code was also considered. It was held that in suitable cases, these powers can be exercised to render substantial justice. It was, however, held that no decision could be corrected under Art. 227 of the Constitution of India.