STATE OF PUNJAB Vs. RAKESH KUMAR

JUDGEMENT

(1.) RAKESH Kumar, the respondent faced trial for an offence punishable under Section 16 of the Prevention of Food Adulteration Act on the complaint of the Government Food Inspector. Vide judgment dated 12.2.1993 the respondent has been held guilty for the said offence. However, vide order of the same day, he was ordered to be released on probation of good conduct. Against the said judgment, this appeal was filed. During the course of pendency of this appeal, it was stated on behalf of Rakesh Kumar, the respondent that he had filed an appeal against his conviction before learned Sessions Judge, Sangrur. On account of the same, this appeal was adjourned sine -die, to be taken up after decision of the appeal by the Court of Session Judge, Sangrur.

(2.) THE office has put up a note revealing that the appeal preferred by Rakesh Kumar before learned Sessions Judge, Sangrur was decided on 16.9.1993. The appeal of Rakesh Kumar was accepted by learned Sessions Judge, Sangrur and he was acquitted of the charge framed against him. Against the same, the State of Punjab filed criminal appeal and the same stands decided by this Court vide order dated 8.11.2006, vide which the appeal of the State of Punjab was allowed and the order of Chief Judicial Magistrate, Sangrur was restored. In these circumstances, when the appeal in the matter stands decided by this Court by a Division Bench, this appeal preferred against the judgment of learned Chief Judicial Magistrate, Sangrur becomes infructuous. Hence, the appeal is dismissed as having becomes infructuous.