SHRIKANT HARI JOSHI Vs. KESHARMAL NARAYANDAS BHANDARI

JUDGEMENT

(1.) This application has been filed under section 482 of the Code of Criminal Procedure and Article 227 of the Constitution of India for quashing the Criminal Case No. 95 of 1980 pending in the Court of Judicial Magistrate, First Class, Dindori and the process issued by the trial Magistrate under sections 167 and 504 of the Indian Penal Code.

(2.) The facts would unfurl how respondent No. 1 is abusing the process of the Court by institution of criminal proceedings against the petitioner. The petitioner is a Food Inspector working in the office of the Assistant Commissioner, Food and Drug Administration, Nasik. The petitioner was appointed under section 9 of the Prevention of Food Adulteration Act, 1954 and the duties includes inspecting the shops, hotels and to draw samples when it is suspected that the food articles are adulterated.

(3.) On July 20, 1979 at about 12.30 in the afternoon, the petitioner visited the shop of respondent No. 1 situated at Dindori in Nasik District with intention to inspect the food articles. Respondent No. 1 alone was present in the shop and when the petitioner demanded the inspection of the food articles and the licence issued under the Food Adulteration Rules, respondent No. 1 threatened him by claiming that he is a freedom fighter and known social worker in the area and no Inspector should visit his shop. Respondent No. 1 also threatened the petitioner that in case he insisted in carrying out his duties, respondent No. 1 would involve him in a false case of demand of bribe. The petitioner thereupon left the shop and went to the Police Station for seeking help to discharge his functions. The petitioner made a written request at the Dindori Police Station. The petitioner also sent a telephonic message to his superior at Nasik and explained to him what transpired at the shop of respondent No. 1 and requested that help should be sent to enable the petitioner to carry out the work. On receipt of this message three Food Inspectors were sent from Nasik to Dindori to assist the petitioner. The petitioner also secured assistance of two Police Constables of Dindori Police Station and all of them went to the shop of respondent No. 1 at about 4.45 in the evening. Respondent No. 1 was present in the shop and after the Inspectors and the Police Constables disclosed their identity, respondent No. 1 permitted the petitioner to draw the samples from various food articles, like ground nut-oil, coconut oil Elaichi etc. while the petitioner was busy in drawing up the panchanama and was preparing the lables, forms etc. as required under the provisions of the Act, respondent No. 1 rushed towards the petitioner and snatched from his hand the document which the petitioner was preparing in support of the fact of obtaining samples. Respondent No. 1 also threatened the Panch witnesses who were called there for drawing up of the Panchanama. Respondent No. 1 as well as some other persons manhandled the petitioner and his shirt was torn and he suffered certain minor injuries. The petitioner was treated at the Civil Hospital. Nasik.