Shrikant Tripathi, J. - (1.) HEARD Mr. G.S. Chaturvedi, learned senior Counsel for the Petitioners and Mr. R.S. Tiwari and Mr. Syed Ali Murtaza for the Respondent No. 1 and 2 and perused the record.
(2.) THESE two petitions under Section Code of Criminal procedure have been filed by the Petitioners for quashing the proceedings of Criminal Case No. 11 of 1991, State v. Yogendra Singh alias Jogendra Singh and Ors., pending in the court of Additional Chief Judicial Magistrate, Hapur, Ghaziabad under Section / of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'). In both the petitions, the question of the maintainability of the aforesaid criminal case is involved; therefore, both the petitions have been heard together and are being disposed of by this common order.
(3.) THE Food Inspector has filed the complaint against the Petitioners on the ground that the sample of sugar taken from Simbhaoli Sugar Mills Ltd., Simbhaoli, district Ghaziabad, a company incorporated under the Companies Act (hereinafter referred to as the 'mill'), was found adulterated by the public analyst, therefore, the offence under Section / of the Act was made out against the company.;