MADAN LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This application under section 482 Code of Criminal Procedure has arisen in the following circumstances.

(2.) A sample of Ghee was taken on June 30, 1965 from the shop of the applicant Madanlal by Food Inspector Shri Mangilal. Upon analysis, the sample was found adulterated by reason of its containing foreign fat. On Dec. 26,1966, a complaint was filed in the court of the Sub-Divisional Magistrate, Bundi for prosecution of the applicant Madan Lal under section 7/16 of the Prevention of Food Adulteration Act, 1954. The Magistrate framed the charges. The Accused pleaded not guilty and claimed to be tired. He wanted to cross examine the complainant under section 256 Code of Criminal Procedure. The court fixed Nov. 16, 1969 for the purpose. The case continued to adjourn. On April 6, 1971, the complainant did not appear, nor did the prosecution inspector. The learned Magistrate dismissed the complaint, and acquitted the accused. The Prosecuting Sub-Inspector then presented a fresh complaint on July 21, 1971. An objection was raised against the subsequent complaint. The learned Magistrate however overruled the objection on May 18, 1974. The revision was filed against this order is the court of the Additional Sessions Judge, Bundi which was dismissed by him on Nov. 4, 1974. Hence this application.

(3.) The learned counsel for the applicant submitted that the accused was acquitted by the Sub-Divisional Magistrate and therefore, no fresh complaint can be filed against him. The order of the learned Sub-Divisional Magistrate is clearly in violation of section 403, Code of Criminal Procedure. The order amounts to abuse of process of court. The accused is facing trial since 1966 and this court therefore, should step into exercise its inherent jurisdiction to prevent the abuse of process of court.