RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure for quashing of FIR No. 204 dated 18.07.2009 registered under Sections 420 and 272 IPC at Police Station Sector 10-A, Gurgaon, District Gurgaon and all subsequent proceedings arising out of the same.

(2.) While praying for quashing of the FIR, learned Counsel for the Petitioner submitted that the FIR, if accepted, in its entirety, then also, same does not disclose any offence, far less any cognizable offence committed by the Petitioner as none of the persons has complained to the police that he was cheated by the Petitioner by selling the fictitious/fake Ghee nor anyone complained that he has seen the Petitioner to sell the artificial ghee to anyone.

(3.) Secondly, if it is accepted that the Petitioner had prepared the fictitious Desi ghee, then also, he could not have been prosecuted for the offence under Section 420 IPC in view of the expressed provisions contained in the Prevention of Food Adulteration Act, 1954 relating to the offences under the said Act.