YASHPAL KOHLI Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur J. This petition was initially filed under Section 482, Cr. P. C. for quashing the order, dated 28. 1. 1986 passed by II Addl. Sessions Judge. The applicant moved an application for converting the petition into a writ petition under Article 226 of the Constitution of India. The ap plication was allowed and the applicant was permitted to convert the petition into writ petition. Therefore, the petition has been heard as is a writ petition under Article 226 of the Constitution of India.

(2.) THE Food Inspector, Jhansi lodged a report at the Police Station stating that he went to the shop of the applicant at 5 p. m. on 6. 9. 1980 and took sample of mustard oil. After preparing necessary papers he asked the applicant Yashpal Kohily to sign the papers but he refused to do so and said that he would not allow him to take sample from his shop. THEreafter both the applicants for cibly turned him out of the shop and also gave threats that in case he would not leave, he would be beaten. After investigation, the police submitted chargesheet against the applicant under Sections 353 and 186 I. P. C. It appears that the Food Inspector also filed a complaint for prosecuting the applicant under Section 7/16 Prevention of Food Adulteration Act. THE accused-applicant took up a plea that in view of the Section 210 (1), Cr. P. C, complaint case should not proceed. THE learned Magistrate, however, convicted the applicant under Section 16 (l) (c) of P. F. A. Act and sentenced them to one year's R. I. and a fine of Rs. 2000/- each. THE appeal preferred by the applicants was allowed by the learned Sessions Judge on 10. 7. 1985 and the judgment of the trial Court was set aside and the case was remanded to the Court of Magistrate for fresh trial treating the police case as the leading case. After remand, the learned Magistrate framed charge under Section 16 (l) (c) of P. F. A. Act against the applicants by his order dated 28. 1. 1986. THE applicants preferred a revision but the same was dis missed by the learned Sessions Judge on 24. 5. 1986. THE present petition has been filed for quashing of the aforesaid order.