CHILKA SRINIVAS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Revision Case was filed by Accused 2 and 3 against the order, dated 8-8-2001, of the Judicial Magistrate of I Class, Kamareddy dismissing Cri. M. P. No. 640 of 2001 filed for deletion of the names of Accused 2 and 3 in the complaint and for discharging them in C. C. No. 794 of 2000.

(2.) The Revision Petitioners-Accused 2 and 3 contended that the Respondent-the State Food Inspector, Nizamabad filed a complaint against them along with A-1 for the offence punishable under Ss. 16(1)(a), (i), 7(1), 2(i)(a)(m) of the Prevention of Food Adulteration Act (for short "the Act") alleging that the sample of sugar boiled confectionary was taken from the shop of A-1 on 15-5-1999 and the Revision Petitioners are the partners and thereby they committed the said offences alleged against them (Revision Petitioners). A letter was addressed to A-1 and A-1 stated that the Revision Petitioners are also jointly carrying on business and on that ground the Revision Petitioners were also shown as Accused. The Judicial First Class Magistrate, Kamareddy observed that he considered all the documents filed by the prosecution and came to the conclusion that there was sufficient and prima facie material against the Revision Petitioners to proceed against them, and accordingly dismissed the said Cri. M. P. No. 640 of 2001.

(3.) Aggrieved by the order of the Judicial First Class Magistrate, Kamareddy in the said Cri. M. P. No. 640 of 2001, the Revision Petitioners filed this Criminal Revision Case contending that the lower Court erred in taking cognizance of the case against them; that the learned Magistrate ought to have seen that there was absolutely no material except the letter written by A-1 to proceed against the Revision Petitioners and hence the Criminal Revision Case may be allowed and the Revision Petitioners may be discharged.