THAKKAR DASS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Thakkar Dass petitioner had filed a petition under S.482, Cr. P.C. read with Art.227 of the Constitution of India for quashing the complaint, charge, order of additional evidence and other proceedings thereof pending in the Court of Sub-Divisional Judicial Magistrate, Rewari, District Mahendergarh under the Prevention of Food Adulteration Act, 1954. This petition came up for hearing before J. B. Garg, J. who vide his order dated 7/02/1990 set aside the order dated 3/11/1987 allowing additional evidence but did not accept the other contentions of the petitioner and directed the parties to appear before the trial Court on 5/03/1990 and further directed the Court for early disposal of the complaint.

(2.) Thakkar Dass filed another petition under S. 482, Cr. P.C. read with Art. 227 of the Constitution of India on 21/03/1990 in this Court for quashing the complaint, charge and other proceedings. The heading of the petition filed by Thakkar Dass reads as under : "Petition under S. 482, Cr. P.C. read with Art. 227 of Constitution of India for quashing the complaint, charge and other proceedings thereof pending in the Court of Chief Judicial Magistrate, Rewari, under Prevention of Food Adulteration Act, 1954." The prayer is as under :

(3.) On 9/05/1990, the petition came up before me for hearing and when it was pointed out by the State counsel that a similar petition has already been dismissed, it was contended by Mr. G. S. Sawhney that he was entitled to move another petition under S. 482, Cr. P.C. in the same case on the same grounds and on some additional grounds also. As I was of the view that this involves substantial question of law so I had referred the matter to a larger Bench for decision. Consequently this petition has come before us.