YOGESH CHANDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Section 482, Criminal Procedure Code, petitioners request for quashing of proceedings in Criminal case No. 246/98 pending before MFC, Jabalpur.

(2.) ITC Agro-Tech Limited, Hyderabad used to manufacture edible oils. Petitioners Yogesh Chandra and Kishanlal respectively were its Chairman and Vice-Chairman. On 18-8-1994, Food Inspector visited the shop of Kamal Kumar and Chandra Prakash known as "Chandrakala Sweets". The Sundrop edible oil was kept for preparation of edible items. The Food Inspector obtained a sample and as required sent a part of it to the public analyst. As per report of the public analyst, the sample aforesaid was not clear in appearance and contained suspended matter and sediment, as such it was adulterated. While obtaining the sample, the container of the Sundrop oil was inspected by the Food Inspector. It contained the description of ITC Agro-Tech Limited, 31, Sarojini Devi Road, Sikandrabad (A.P.). On the basis aforesaid, the Food Inspector filed a complaint under Section 7/16 P.F.A. Act (Annexure 'A') against Kamal Kumar, Chandra Prakash and petitioners respectively Chairman and Vice-Chairman of ITC Agro-Tech Limited, Sikandrabad. The MFC having registered Criminal Case No. 246/98, directed issuance of process against the petitioners.

(3.) CONSEQUENTLY further proceedings of Criminal case No. 246/98 against the petitioners would be abuse of process of Court and deserves to be quashed. Allowing the petition under Section 482, Criminal Procedure Code, proceedings of criminal case No. 246/98, pending before MFC, Jabalpur are quashed. Petition allowed.