- (1.) Leave granted.
(2.) Whether an application under Section 482 of the Code of Criminal Procedure, 1973, (for short 'the Code') can be dismissed only on the premise that an alternative remedy of filing a revision application under Section 397 of the Code is available, is the question involved herein.
(3.) First Appellant is a company incorporated and registered under the Companies Act, 1956 and is engaged in the business of manufacturing Gutkha. Appellant Nos. 2 and 3 are the Chairman and Managing Director of the company. It is said to be a large organization. It has multi-locational manufacturing units and each of them is said to be headed by senior officials of the company, who were responsible for the conduct of its business. Inter alia on the premise that the samples collected from the manufacturing unit of appellants at Solapur were found to be adulterated in terms of Rule 62(1) of the Prevention of Food Adulteration Rules, 1955 (in short '1955 Rules) providing for restriction on the use of anti-caking agents, a criminal complaint was filed in the Court of the Judicial Magistrate, First Class at Akkalkot, Solapur. Cognizance was taken thereof and summons were issued to the appellants.;