SUBHASH SHRIPAD ZANTYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this criminal writ petition the petitioner has prayed that record and proceedings of criminal case No. 275 of 1997 pending on the file of the Chief Judicial Magistrate, Oros, be called for and the process issued by the learned Magistrate be quashed.

(2.) THE petitioner was charged with the offence under section 7 (III) of the Prevention of Food Adulteration Act, 1954 read with Rule 50 of the Prevention of food Adulteration Rules 1962 punishable under section 16 of Prevention of Food Adulteration Act 1954. (For short the said Act ).

(3.) THE learned Magistrate issued the process. THE petitioner was duly served with the process. He appeared before the learned Magistrate and was released on bail on 21st March, 1995. THEreafter the case was fixed for recording evidence of the complainant before charge because it was a warrant triable case instituted otherwise than on police report. Most of the time the complainant remained absent.