STATE OF MADHYA PRADESH Vs. PUNAMCHAND

JUDGEMENT

(1.) This revision petition is directed against the order dt. 8-8-1985 passed by the Additional Sessions Judge. Judge, Mandleshwar in Criminal Revision No. 86 of 1985 whereby the order dt. 4-8-1984 passed by the Judicial Magistrate First Class, Sanswad in Cr. Case No. 334 of 1983 discharging the accused has been confirmed.

(2.) Facts giving rise to the petition are these : G.L. Bansal, Food Inspector, Barwani, District Mandleshwar on 21-11-1983 filed a criminal complaint defined in S.2(d) of the Code in the Court of Judicial Magistrate First Class, Sanswad against the respondents in respect of the offence punishable under S.7(v) read with S.16(1)(g) of the Prevention of Food Adulteration Act, 1955 (for short 'the Act'). In obedience to summons, the respondents put in appearance on 14-12-1983. The case was adjourned to 30-4-1984, 3-7-1984 and 4-8-1984 for evidence before charge. The Food Inspector was absent on these dates and no evidence was produced.

(3.) On 4-8-1984 the learned Magistrate in the absence of the complainant and in the absence of witnesses closed the prosecution evidence and discharged the respondents.