ARUN KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner and learned A.G.A. for the State.

(2.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the Petitioner Arun Kumar has sought quashing of the proceedings initiated against him in Criminal Case No. 225 of 2007; Food Inspector v. Som Dutt and Ors., relating to offence punishable under Section 7/16 of the Prevention of Food Adulteration Act, 1954, pending in the court of Chief Judicial Magistrate, Uttarkashi.

(3.) LEARNED Counsel for the Petitioner drew attention of this Court to the death certificate of Raj Kumar Goel, father of the Petitioner Arun Kumar, who died on 08 -09 -1990 and a copy of the partnership deed dated 13 -09 -1990, both of which are annexed as Annexure -2 to the petition. The partnership deed dated 13 -09 -1990 shows that after death of Raj Kumar Goel, his son Arun Kumar (present Petitioner) was inducted as one of the partners in the firm. It is true that in respect of a sample filled by Food Inspector in the year 1987, Petitioner Arun Kumar was neither retailer, nor partner of the firm of the wholesale dealers, and as such, he could not have been prosecuted in the criminal complaint, which relates to the incident of 1987.