GOPI NATH Vs. STATE

JUDGEMENT

(1.) THE present revision is directed against the orders passed by the Courts below refusing to drop or quash criminal proceedings pending against the petitioner in the Court of the learned Additional District Magistrate (Judicial) Sitapur. The applicant's plea is that on the same set of facts on which the present prosecution is based he was prosecuted earlier and was convicted and, therefore, the second prosecution on the same set of facts is barred. In support of this plea the applicant has relied upon Clause (2) of Article 20 of the Constitution of India, Section 26 of the General Clauses Act and Subsection (1) of Section 403 of the Cr. P. C. In order to appreciate the controversy it is necessary to narrate the history of the case.

(2.) THE applicant is a dealer in food grains and has his shop in Kesriganj within the Circle of P. Laharpur, District Sitapur. On 21-51971 Sri Yogendra Bux Singh, Food Inspector, visited his shop suspecting adulteration in gram wanted to take sample thereof. In order to take the sample he expressed desire to purchase 600 grammes of gram. It is alleged that the applicant refused to sell gram to said Sri Singh and he pushed him out of the shop and thereafter put his lock on the shop, thus preventing Sri Singh from taking the sample. A first information report of the incident was lodged at P. S. Laharpur on 21-5-1971 at 6. 55 p. m. under Section 353 of the I. P. C. The incident itself was said to have taken place at 6 p. m. Thereafter on 22-5-1971 the Food Inspector sent a charge-sheet to the Sub-Divisional Magistrate, Sitapur under Section 16 (1) (b) read with Section 10/1 of the Prevention of Food Adulteration Act. On the basis of the Charge-sheet submitted by the Food Inspector, the Sub-Divisional Magistrate Sitapur ordered on 26-5-1971 for the case to be registered against the present applicant and also ordered summoning of the accused. After the applicant had put in appearance the learned Magistrate framed charge against him under Section 16 (1) (b) of the Prevention of Food Adulteration Act in following terms:

(3.) THE applicant was tried on the basis of the above charge and the learned Magistrate found him guilty of the charge and convicting him sentenced him to pay the fine of Rs. 500/-or in default to undergo rigorous imprisonment for the period of six months. This order of the learned Magistrate was passed on 15-5-1972. Against this order the applicant preferred appeal before the learned Sessions Judge. The learned I Temporary Civil and Sessions Judge by his order dated 22-61972 dismissed the appeal.