- (1.) Heard learned counsel for the applicant and learned A.G.A.
(2.) The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 04.10.2011, arising out of Case Crime No. 3386 of 2011, under Sections 272, 273 I.P.C., and Section 7/16 Prevention of Food Adulteration Act, Police Station Kotwali Karwi, District Chitrakoot, pending before learned Additional Chief Judicial Magistrate, District Chitrakoot.
(3.) It is contended by learned counsel for the applicant that that the provisions of Food Adulteration Act has been repealed in the year 2006, thereafter Food Safety Standard Act, 2006 has come into force. It is further contended that pouches which was purchased by the applicant was sold by the applicant, therefore no offence under Sections 272, 273 I.P.C., is made out against the applicant. It is further contended that no offence against the applicant 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 con tention.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 482 Cr.P.C. 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 Vs. State of Punjab, 1960 AIR(SC) 866, State of Haryana Vs. Bhajan Lal, 1992 SCC(Cri) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC(Cri) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC(Cri) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228, or 245 Cr.P.C. 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.;