BHUSHAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has moved this Court vide this petition under Section 401 of the Code of Criminal Procedure for setting aside the order of the Chief Judicial Magistrate, Karnal and the charge sheet dated August 31, 1988 as also the proceedings.

(2.) THE petitioner was tried for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act by the learned Chief Judicial Magistrate, Kernal. During the course of trial, the learned Chief Judicial Magistrate found that the case ought not to have been tried as a warrant case rather it should have been tried summarily, therefore, he framed the charge afresh on August 31, 1988.