KUNDANLAL Vs. STATE OF U P

JUDGEMENT

(1.) The facts leading to the aforementioned revisions are that in Original Case No. 329 of 1981, Food Inspector Vs. Ram Prakash and M/s Shanker Salt works through Kundal lal the Addl. Chief Judicial Magistrate, Dehradun by the order dated 31.08.1982 convicted both the accused for the offence under Section 16(l)(a)(I) of the Prevention of Food Adulteration Act, 1954 and sentenced each one of them to suffer R.I. for a period of six months and to paya fine of Rs. 1000/- each and in default of payment of fine, to suffer R.I. for a period of one month each.

(2.) Accused Kundan Lal challenged his conviction by preferring Criminal Appeal No. 84 of 1982 while accused Ram Prakash challenged his conviction by preferring Criminal Appeal No. 86 of 1982 before the Sessions Judge, Deharadun. Both the appeals were heard together by Sri Sardar Bahadur Balveer the then Addl. Sessions Judge, Dehradun. He found that the court, which tried the case against the two accused-appellants, had no jurisdiction and consequently sat aside their conviction and sentence by his judgment and order dated 30.11.1984 and remanded the case to the C.J.M. Dehradun to get the case tried by the competent court in the light of the observations made in the body of judgment afresh. He also directed the parties to appear before the court concerned on 01.12.1984.

(3.) Being aggrieved by the aforesaid common order of remand in both the appeals, accused Kundan Lal preferred Criminal Revision No. 280 of 1985 and similarly, accused Ram Prakash preferred Criminal Revision No. 306 of 1985 in this Court. The accused- revisionist Kundal Lal prayed that the operation of the impugned order passed by the Addl. Sessions Judge dated 30.11.1984 in Criminal Revision No. 84 of 1982 relating to him be stayed and acting upon that prayer, the High Court vide it order dated 15.02.1985 stayed further proceedings as prayed. Accused- revisionist Ram Prakash made similar prayer in Criminal Revision no. 306 of 1985 and therein also this Court acting upon the prayer stayed the proceedings by its order dated 19.02.1985 and as a consequence thereof, the proceedings in Criminal Case No. 329 of 1981 are lying stayed till now.