MURARI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition for revision by Sarvshri Murari Lal. Beg Raj, Mukat Behari. Brij Lal, Rajinder Kumar s/o Brij Lali Om Prakashi Rajinder Kumar and Vijay Kumar, alleged partners of M/s Delhi Gram Flour Mills & Co., for calling for the records of the complaint filed by Union of India through Shri U. S. Sharma, Food Inspector of the Office of the Director General, Health Services, against Durga Prasad, Manager of the aforesaid firm and its ten partners and for setting aside the order dated 21.11.1977 passed by the learned Metropolitan Magistrate and also for quashing the proceedings pending before Shri J. M. Malik, Metropolitan Magistrate in relation to that complaint.

(2.) The facts relating to the petition are that one M.K. Bhan, Food Inspector, visited the premises of the Delhi Gram Flour Mills & Co. on 31.3.1973 and lifted sample of 'basin' from Durga Prasad who was the Manager at the Mill of the firm. After performing the usual formalitities of getting the sample divided and tested by the public Analyst, the complaint was filed under section 7 read with section 16 of the Prevention of Food Adulteration Act.

(3.) The learned Magistrate recorded the evidence of the complainant and passed an order on 3.10.1975; for framing the charge against the accused persons. Against the said order dated 3.10.1975, one of the accused persons, Shrimati Suman Kanodia, felt aggrieved from the said order and filed a petition under section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India for quashing the order for framing of the charge. That petition came up for hearing before Gill, J. and the learned Judge by his judgment dated 26th April, 1977 quashed the charge framed by the learned trial court against the said petitioner.