R N JAIN Vs. JAI PRAKASH TYAGI

JUDGEMENT

(1.) I. M. Quddusi, J. By means of the present petition filed under Section 482, Cr. P. C. the petitioner have prayed for quashing of the criminal proceeding pend ing 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 punish able under Sections 272,295-A, 120-B and 511 of I. P. C.

(2.) IT has been stated in the applica tion that the applicants are well to do business men and Directors of various In dustrial concerns engaged in the Manufac ture and sale of Vanaspati and Refined hydrogenated oils, and soaps, Tubes and also in the import and sale of various ar ticles and commodities. On 25-10-83 a complaint was filed by one Jai Prakash Tyagi, describing" himself as a pratagonist of the Vedic Hindu Religion and a social and political worker. In the aforesaid ap plication it has been stated that the ap plicants 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 pursued 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 as1 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 con tained beef and pig tallow, without producing any corroborative evidence. It is a case of no evidence.