Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicant and learned A.G.A.
(2.) THE present Code of Criminal Procedure petition has been filed for quashing proceedings of the Complaint Case No. 3573 of 2008 (State v. Neeraj Yadav) under Section / of Prevention of Food Adulteration Act, Police Station Kanth, District Moradabad, pending before learned Ist Additional Chief Judicial Magistrate, District Moradabad. It is contended by learned Counsel for the applicant that sample was sent to Public Analyst on 25.10.2007, report was given on 01.12.2007 copy of which, never sent to the applicant and the complaint was filed on 15.12.2008, therefore, there is a violation of Section of the prevention of Food Adulteration Act, 1954, and as such the complaint is liable to be quashed. It is further contended that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
(3.) FROM the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section Code of Criminal Procedure At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab : A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar v. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (Para -10), 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got right of discharge under Section or / or Code of Criminal Procedure as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.;