VIKAS KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Sr. counsel Mr. Jitendra Kr. Singh with Mr. Rohitabh Das, Advocate for the petitioner and learned counsel for the State. The present Cr. Writ petition has been filed for quashing the F.I.R. being special case no. 09/19 arising out of Patliputra P.S. Case No. 573/2019, pending in the Court of S.D.J.M., Patna, whereby and whereunder, the Opposite Party No.2 on the information given by Opposite Party No.3 on 7/12/2019, has lodged FIR on 7/12/2019 for alleged offences u/s 420/201 I.P.C. read with Sec. 16(1) of the Prevention of Food Adulteration Act, 1954.

(2.) Counsel for the petitioner submits that the present F.I.R. has been lodged under Prevention of Food Adulteration Act, 1954. He submits that the said Act has already been repealed and revised by new Act namely Food Safety and Standards Act, 2006 and Food Safety and Standards Rules, 2011 (Here and after named as FSSA and FSSR). Counsel for the petitioner submits that in the light of new Act FSSA and FSSR, the lodging of F.I.R. is itself bad in law. He has placed reliance on the different judgments of Hon'ble Supreme Court reported in Raghubir Prasad Agarwal and Ors. Vs. State of Bihar and Ors. reported in 2013 SCC OnLine Pat 384: (2013) 4 BLJ 40 (PHC). A counter affidavit has been directed to be filed by the Senior Superintendent of Police, Patna and it has been directed to examine the law in correct prospect.

(3.) The counter affidavit has filed and in the said counter affidavit which has been filed by the Senior Superintendent of Police, Patna, it has been categorically narrated as following:-