LAWS(JHAR)-2016-5-88

TIRGUALI MURLI @ T. MURLI Vs. STATE OF JHARKHAND

Decided On May 10, 2016
Tirguali Murli @ T. Murli Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This writ application has been filed for quashing the entire criminal proceeding in connection with C -2 Case No. 1112 of 2010 pending in the court of learned Judicial Magistrate, 1 st Class, Jamshedpur and the order dated 14.12.2010 passed by the learned Chief Judicial Magistrate, Jamshedpur in the above case whereby, he took cognizance under section 16(1)(a) of the Prevention of Food Adulteration Act,1954.

(2.) It appears that respondent no. 2 has conducted a raid in the premises of Beldih Club Canteen, Bistupur, Jamshedpur and seized sample of Baker's Chana Masala. It further appears that the Public Analyst on 29.10.2010 had reported that the seized sample was misbranded by the manufacturer. It further appears that in view of the aforesaid report of the Public Analyst, the respondent no. 2 filed a prosecution report in the court of learned CJM, Jamshedpur on 13.12.2010 alleging therein that petitioner being the Store In -charge of Beldih Club Canteen, Bistupur, Jamshedpur has committed an offence under section 16(1)(a) of the Prevention of Food Adulteration Act,1954.

(3.) It appears that learned Chief Judicial Magistrate, Jamshedpur vide his order dated 14.12.2010 took cognizance against the petitioner and others under section 16(1)(a) of the Prevention of Food Adulteration Act, 1954. Against that order, the present writ application filed.