BANWARILAL Vs. SACHIN LOGARIA

JUDGEMENT

(1.) After having lost in the Criminal Revision before the Sessions Court, petitioner has filed this petition u/s.482 of the CrPC for setting aside the order dated 11.8.2008 passed by Chief Judicial Magistrate, Indore in Criminal Complaint Case No. 19742/2008. Facts leading to the present petition, in short, are as under :-

(2.) The petitioner is one of the Directors of "Hardcastle Restaurants Private Limited". THE said company is engaged in the business of operating quick service restaurants under the brand name - "Mcdonald's". One of the outlets of such restaurants is located in "Treasure Island", M.G Road, Indore, where the fast food articles like burgers, milkshake, soft serve (ice-cream) are sold.

(3.) On the said complaint, learned Chief Judicial Magistrate, Indore has taken cognizance of the offence u/s. 16 (1) (a) read with section 7 (i) of the Act and issued summons to the accused persons including the petitioner by order dated 11.8.2008. Said order was challenged by the petitioner along with two other persons, in Criminal Revision, before the Sessions Judge, Indore, who by order dated 29.9.2009 dismissed the revision on the ground that mere taking of cognizance does not take away the right of the petitioner to raise objection at appropriate stage. Having lost there, the petitioner has come up in this petition u/s. 482 of the CrPC. before this Court with a prayer to invoke inherent jurisdiction to set aside the order dated 11.8.2008.