VIKAS KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this case is seeking quashing of the first information report as contained in Annexure 'P/1' being Special Case No. 09 of 2019 arising out of Patliputra P.S. Case No. 573 of 2019 pending in the court of learned S.D.J.M., Patna.

(2.) The FIR has been lodged by opposite party no. 2 who is the Station House Officer of Patliputra Police Station on the basis of the information received from the opposite party no. 3. According to the first information report, the opposite party no. 3 purchased from the shop of accused no. 2, Vinay Kumar, "Ashirvad Svasti Full Cream Milk'. He alleged that on opening of the said packet a dead lizard came out of that and this fact was immediately informed by the informant to the customer care of the ITC Company. It is alleged that on next two days the officials of the ITC came to examine the matter, officials took the milk packet and according to the informant they investigated the same. The informant alleged that when he demanded a report of the investigation from the officials of the ITC they retaliated by threatening and slapping a case of defamation against him. The informant also claimed that he had in fact submitted a complaint in writing on 14th September, 2019 itself to the Senior Superintendent of Police, Patna.

(3.) Learned Senior Counsel representing the petitioner submits that so far as this petitioner is concerned, he is employed with ITC as an Executive (Marketing) and he has been accused no. 2 in the FIR even though there is no allegation against him of cheating and/or commission of offence under Section 16(1) of Food and Adulteration Act 1954 (hereinafter referred to as the 'Act of 1954').