S.S. MARKETING AND KHANNA MARKET THROUGH PROPRIETOR MANNU TANDON S/O SRI SUNIL TANDON Vs. STATE OF UTTARAKHAND THROUGH FOOD INSPECTOR AND ORS.

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C), the petitioner has sought quashing of the order dated 05.10.2009 passed by Chief Judicial Magistrate, Nainital, in criminal case No. 1424 of 2005, State v. Mahesh Rawat and Ors., relating to offence punishable under Section 7/16 of Prevention of Food Adulteration Act, 1954, pending in the court of Chief Judicial Magistrate, Nainital.

(2.) HEARD .

(3.) PERUSAL of the impugned order, which is annexed as Annexure 6 to the petition shows that at the stage of proceeding under Section 246 of Cr.P.C., when it was disclosed that the item in question was purchased by the retailer from M/s S.S. Marketing (present petitioner), on application of the retailer the petitioner is summoned. Whether, the evidence is sufficient or not, as to the complicity of the petitioner in the case, is a matter of fact which can be examined by the trial court. This Court is of the view that it is not desirable on the part of this Court to hold only on the basis of the statement of the Food Inspector recorded under Section 246 of Cr.P.C. that the petitioner is innocent, or not.