R N JAIN Vs. JAI PRAKASH TYAGI

JUDGEMENT

(1.) -By means of the present petition filed under Section 482, Cr. P.C., the petitioners have prayed for quashing of the criminal proceedings pending against them in the Court of learned Chief Judicial Magistrate, Ghaziabad in a Complaint Case No. 1060 of 1983, Jai Prakash Tyagi v. R N. Jain and others, for the prosecution of the offences punishable under Sections 272, 295A, 120B and 511 of I.P.C.

(2.) IT has been stated in the application that the applicants are well-to-do business men and Directors of various Industrial concerns engaged in the manufacture and sale of Vanaspati and Refined hydrogenated oils, and soaps, tubes and also in the import and sale of various articles and commodities. On 25.10.83, a complaint was filed by one Jai Prakash Tyagi, describing himself as a Protagonist of the Vedic Hindu Religion and a social and political worker. In the aforesaid application, it has been stated that the applicants had engaged in the import of hundred of tonnes of beef and pig tallow for the past about two years and had been using the same for adulterating Vanaspati Ghee produced by them.

(3.) I have perused the statements recorded under Sections 200 and 202, Cr. P.C. copy of which has been filed by the applicants with their application. The statements of Jai Prakash Tyagi S/o Bhagirath Singh Tyagi, complainant, Baleshwar Tyagi S/o Harish Chand Tyagi have been perused by this Court. They have only stated that the accused persons had mixed beef and pig tallow, but they have not made it clear as to from where they have gathered such information. However, they have referred the News Paper which cannot be accepted as a piece of evidence. They have not stated about the basis of their statements and merely stating that the Ghee in question contained beef and pig tallow, without producing any corroborative evidence. It is a case of no evidence.