PREMALATHA VIJI Vs. L K MURLIDHARAN

JUDGEMENT

(1.) The petitioners approach this Court with a prayer to call for the records in C.C.No.12 of 2007 on the file of the Judicial Magistrate No.1, Madurai and quash the same.

(2.) The case of the petitioners is as follows:

(3.) The learned counsel appearing for the petitioners would submit that the complaint has been filed on 5.1.2007, but 13(2) notice has been served on 8.2.2007, nearly two years from the date of collection of food samples and one month from the complaint, and hence, the petitioners' choice for sending the sample to the Public Analyst has been curtailed; more over, the complaint suffers from procedural illegality, because it has been filed belated i.e. after 2 years from the date of sampling the food and after 17 months from the date of receipt of Analyst's report and thus he prayed for quashing the complaint in C.C.No.12 of 2007 on the file of the learned Judicial Magistrate No.l, Madurai. To substantiate his case, he relied upon the following decisions: