AMLUYA ANAND Vs. STATE

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner herein seeking quashing of orders dtd. 7/4/2015 and 24/1/2020 whereby the learned ACJM, Merta took cognizance against the petitioner and dismissed the application filed by the petitioner under Sec. 468 Cr.P.C. read with Sec. 77 of the Food Safety and Standards Act, 2006 (hereinafter referred to as 'the Act of 2006') and to quash the entire proceedings of the criminal case No. 145/2015 instituted against the petitioner in the said court.

(2.) Briefly stated the facts relevant and essential for disposal of the misc. petition are noted hereinbelow:-

(3.) The petitioner upon appearance, filed an application dtd. 6/11/2017 seeking re-examination of the preserved sample through the Central Food Laboratory. The Food Safety Officer filed reply to the said application with an assertion that the second sample had already been examined through the Referral Food Laboratory, Ghaziabad and the report thereof was final and accordingly, the prayer for re-examination of the sample through the Central Food Laboratory could not be acceded to. Before any order could be passed by the trial court on the said application of the petitioner, another application came to be filed on his behalf under Sec. 77 read with Sec. 26(2)(i) and 59 of the Act of 2006 and Sec. 468 Cr.P.C. for dropping of the proceedings. The said application came to be dismissed by order dtd. 24/1/2020. The petitioner has approached this Court through this petition under Sec. 482 Cr.P.C. for quashing of the order taking cognizance dtd. 7/4/2015, the order dtd. 24/1/2020 whereby the application for dropping of the proceedings on the ground the same being time-barred was dismissed and so also to quash entire proceedings of the complaint (supra).