HANSRAJ Vs. STATE

JUDGEMENT

(1.) These Criminal Misc. Petitions have been preferred claiming the following reliefs:-

(2.) The genesis of both the petitions lies in a common controversy, as the petitions have been preferred against the impugned order dtd. 24/10/2016 passed by the learned Additional Sessions Judge No. 2, Nohar, whereby while quashing and setting aside the order dtd. 26/5/2016 passed by the learned trial court, of discharging the petitioners for the offences under Sec. 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'Act of 1954'), the learned trial court was directed to frame charge against the petitioners for the said offence, and to commence the necessary trial thereafter.

(3.) Brief facts of this case, as placed before this Court by the learned counsel for the petitioners, are that the present criminal proceeding against the petitioners was launched on the basis of a private complaint, at Annex. 3, lodged by the complainant/respondent No. 2 herein, before the Court of learned Additional Chief Judicial Magistrate, Nohar. And that, it was alleged therein that the complainant, while checking the shop of petitioner-Hansraj, collected three samples of 'Ujala' Ghee in the presence of motbirs, and sent the same for the necessary analysis and examination, and that thereafter, it was found out that it was a case of mis-branding (false labelling).