PAREED HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS criminal miscellaneous case is filed by the petitioner, who has been subsequently impleaded as 3rd accused, challenging the order of impleading made in Crl.M.P. 6320/2013 in C.C.No.236/2011 on the file of Additional Chief Judicial Magistrate Court, Thalassery, under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code').

(2.) IT is alleged in the petition that, the petitioner has been subsequently arrayed as 3rd accused in C.C.No.236/2011 on the file of the Additional Chief Judicial Magistrate Court, Thalassery. The offences alleged are punishable under Section 2(i -a)j, 7(i), 16 I -A(i) of Prevention of Food Adulteration Act. The prosecution case was that, on 16.02.2011 at 1.45 p.m., from the premises of building with No.9/791 of Panoor Grama Panchayath an adulterated chicken fry was seized from Hotel New Shalimar by the Food Inspector and on examination it was found that, it was adulterated and so he filed the complaint. Originally the complaint was filed against the vendor and licensee as accused Nos.1 and 2 and after examination of the witnesses, the Assistant Public Prosecutor of that court filed Crl.M.P.No.6320/2013 and on that basis after two years of the incident, the present petitioner has been implicated as 3rd accused, as per Annexure -4 order, which is being challenged by the petitioner.

(3.) HEARD the learned counsel for the petitioner and learned Public Prosecutor appearing for the respondent.