LAWS(ALL)-2013-6-6

MAHESH KUMAR AGRAWAL Vs. STATE OF U P

Decided On June 18, 2013
MAHESH KUMAR AGRAWAL Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri Nitin Kumar Agrawal, learned counsel for the applicant and learned A.G.A.

(2.) The applicant has questioned these proceedings on the ground that in view of the Food Safety and Standard Act, 2006, no proceedings can be initiated under Sections 272 and 273 of the I.P.C. The power of police has been excluded by the Act to initiate any investigation in the matter. His plea was rejected by the trial Court. Under these circumstances, he has approached this Court.

(3.) The applicant has placed reliance on a Division Bench Judgment of this Court in Writ Petition No. 8255 (MB) of 2010, M/s. Pepsico India Holdings (Put) Limited and another.