OM PRAKASH DHAMIJA Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been preferred against the order dated 11.04.2014 passed by the Additional Chief Judicial Magistrate-III, Gautam Budh Nagar in Criminal Case No. 966 of 2011 arising out of Case Crime No. 184 of 2011, police station Dadri, district Gautam Budh Nagar.

(2.) Brief facts of the case are that the FIR was lodged by Food Inspector Rajeev Kumar Verma stating that on 05.04.2011 that his son Viresh had purchased 1 kg kuttu atta on 04.04.2011 in the evening. His daughter-in-law cooked the atta and his son Viresh, daughter-in-law Kunti and daughters Minakshi and Aarti ate the food and got sick. On this information, the Food Inspector along with other employees went to the shop of Sunil Kumar at railway road and seized kuttu atta. The packing date was as written 12.10.2011, which was mentioned which was done to take undue advantage and undue profit. The remaining kuttu was destroyed and report was lodged. During the course of investigation, some sections were dropped because according to the analyst report, kuttu atta was not found adulterated, but charge sheet was submitted under sections 420, 468 IPC.

(3.) The revisionist moved a discharge application before the lower court praying that since the main allegation against him was selling adulterated food, which according to the analyst report was not found adulterated, hence he may be discharged. The learned lower court on the discharge application passed the order dated 11.04.2014 and dismissed the application.