RAJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 22.4.1997 passed by Sub Divisional Judicial Magistrate, Patna in Case No.46 (M) of 1997/Trial No.158 of 1997. By the said order, the learned Magistrate has taken cognizance of offence under Section 16(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as Adulteration Act).

(2.) Short fact of the case is that on 29.8.1995, the Food Inspector had taken Rasgulah? from Maner Sweets, Maurya Complex and same was sent for analysis examination and on receipt of analysis report, it transpired that the Rasgulah was adulterated. After receiving analysis report and obtaining sanction from the competent authority, a prosecution report was submitted in the court of Chief Judicial Magistrate, Patna for prosecuting the petitioner for violation of Section 16(1) of the Food Adulteration Act. After submission of the prosecution report by order dated 22.4.1997, the learned Sub Divisional Judicial Magistrate took cognizance of the offence under Section 16(1) of the Act.

(3.) Aggrieved with the order of cognizance dated 22.4.1997, the petitioner approached this Court, while invoking its jurisdiction under Section 482 of the Code of Criminal Procedure. The present petition was admitted on 28.7.1999. While admitting the case, this Court had directed that during the pendency of this application, further proceedings in Case No.45(M) of 1997/T.R. No.1581 of 1997 pending in the court below shall remain stayed and order of stay is still continuing.