BISHWANATH PRASAD 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 the entire prosecution in Case No.72 C2/87, pending in the court the learned Sub Divisional Judicial Magistrate, Lakhisarai for the offence under Section 16(a) of the Prevention of Food Adulteration Act.

(2.) An inspection was made in the premises of the petitioner and it was found that without any licence/ authorization, the petitioner was indulged in the business of biscuits, Lemon-chuice , Chocolates , Namkin and other food articles. Accordingly, after obtaining sanction from the Chairman of the Municipality, the Executive Officer of Lakhisarai Municipality submitted prosecution report for the offence under Section 16(a) of the Food Adulteration Act against the petitioner. By order dated 22.8.1987, the learned Sub Divisional Judicial Magistrate took cognizance of the offence under Section 16(a) of the Prevention of Food Adulteration Act and directed for issuance of summons for securing attendance of the petitioner. Right from the month of August, 1987, several orders were passed to secure attendance of the petitioner but all efforts went in vein. In the case, non-bailable warrant of arrest was issued. Thereafter, process under Sections 82 and 83 of the Code of Criminal Procedure for attachment of the property of the petitioner was also issued. However, it could never be executed and finally after expiry of about 11 years from the date of cognizance, the learned Magistrate was constrained to declare the petitioner as permanent absconder.

(3.) About more than 1 years from the date of being declared permanent absconder, the petitioner approached this Court, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, by filing the present petition. By the order dated 13.3.2000, while admitting the present case for hearing, this Court directed that meanwhile further proceedings in the court below shall remain stayed and since then the order of stay is continuing.