RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure, a prayer has been made to quash the complaint filed under Section 7 read with section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (for short, the Act) in the Court of Shri B.K. Aggarwal, Chief Judicial Magistrate, Bhiwani, annexed as Annexure P-2 with the petition.

(2.) BRIEFLY stated, the factual position is as under.

(3.) ON filing the complaint before the Chief Judicial Magistrate, Bhiwani, the trial Court summoned the accused-petitioner vide its order dated February 19, 1988, for March 25, 1988, and adopted summary procedure as mentioned in Section 16-A of the Act in order to proceed against the accused-petitioner. The accused had been attending the trial Court since March 25, 1988, but no prosecution witness was examined except one P.W. on August 6, 1993, and on that very date, the trail Court had passed an order that hence forth the Court would adopt the warrant procedure instead of summary procedure in trying this case. True copy of the order, dated August 6, 1993 is annexed as Annexure P-4 with this petition.