NATHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONERS (1) Nathu Ram and (2) Pawan Kumar who are father and son, have come forward with this petition under Section 482 Cr.P.C. for quashing the criminal complaint dated 6.9.1986 (annexure P-1) and the proceedings of criminal case No. 71-3 of 6.9.1986 pending in the Court of Chief Judicial Magistrate, Rewari including the order dated 25.1.1996 (annexure P-2) for framing charge against them.

(2.) THE complaint filed by the Government Food Inspector, Kosli for punishment under Section 16(1)(c) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act') is to the following effect :-

(3.) ACCORDING to the petitioners, they are facing trial since 3.12.1986 and the case has been adjourned for various dates. They have alleged that from the initial stage, the case was tried as a warrant case and remained pending for a long time for recording of pre-charge evidence, but the complainant did not complete the same and took several adjournments. Initially, Kosli town was in Jhajjar Tehsil District Rohtak, but subsequently it was annexed with the newly created Rewari District. Upto 19.1.1990, the case was pending in the Court of Judicial Magistrate 1st Class, Jhajjar and thereafter transferred to the Court of Chief Judicial Magistrate, Rewari. In the Court at Jhajjar, the case was fixed for 17 times in 4 years but yet the complainant did not complete his pre-charge evidence.