SATYA NARAYAN UMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Shailesh Kumar Tripathi, learned counsel for the revisionist and Sri R.K. Maurya, learned A.G.A for the State.

(2.) The revisionist by means of this revision has challenged the order dated 25.8.2014 passed by Addl. Sessions Judge, Court No.6, District Jaunpur illegally rejected the discharge application of the revisionist which was filed by the revisionist in S.T. No.379 of 2010 (State Vs. Satya Narain) as Case Crime No.361 of 2010, u/s 272 IPC, P.S. Sujanganj, district Jaunpur

(3.) The brief facts of the case are that on 18.3.2010 at about 1.25 noon opposite party no.2 Shri Kishun Chauhan who was then posted as Supply Inspector in the area Mungra Badshahpur, district Jaunpur raided the shop of the revisionist suspecting some adulteration in the mustard oil (Kacchi Ghani). The raiding team took the sample and sent the same to the Public Analyst, Lucknow. Thereafter the opposite party no.2 lodged FIR on 19.7.2010 at about 1 p.m. against the revisionist with regard to the said incident, which was registered as case crime no.361 of 2010 at Police Station Sujanganj, district Jaunpur under Section 272 I.P.C. The sample in question which was sent by the Supply Inspector to the Public Analyst, Lucknow, was found to be adulterated as per the report of Public Analyst dated 17.4.2010. In pursuance of the Government Order No.G-617/88, 10-55 Kha/10 dated 11.5.2010, the Supply Inspector, opposite party no.2 was directed to lodge the FIR against the revisionist. During investigation of the case, the statement of the informant as well as other members of the raiding team were recorded u/s 161 Cr.P.C. who supported the prosecution case. The statement of the Public Analyst Dr. S.C. Tiwari who prepared the report dated 17.4.2010 statement was recorded u/s 161 Cr.P.C. and has stated that the sample was found to be adulterated. After completion of investigation on 31.7.2010, a charge sheet was submitted against the revisionist u/s 272 IPC. The revisionist who released on bail by this Court on 16.9.2010. The revisionist approached this Court by filing Criminal Misc. Application No.141 of 2011 Sandhya Narayan Umar Vs. State of U.P. and another which was disposed of by this Court vide order dated 5.4.2011 to move discharge application. In pursuance of the said order the revisionist moved discharge application before the court below. The opposite party no.2 also filed complaint u/s 7/16 of Prevention of Food Adulteration Act, 1954 before the Addl. Chief Judicial Magistrate, Ist, Jaunpur on 18.10.2010 on the basis of the report of the Public Analyst dated 17.4.2010 and the said complaint is pending before the said court till today. The discharge application was rejected by the trial court by the impugned order passed on 25.8.2014, hence the present revision has been filed by the revisionist challenging the same.