- (1.) Heard learned counsel for the applicants and learned A. G. A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 23.8.2011 passed by learned M.M.-Ist, Kanpur Nagar in Complaint Case No. 6368 of 2011, State through Food Inspector Vs. Govind Prasad Goenka and another, under Section 7/16 of Prevention of Food Adulteration Act, P.S. Kollectorganj, district Kanpur Nagar as well as the proceedings of the aforementioned case.
(3.) It is undisputed that the date on which the applicants' establishment was raided, the Food Safety and Standards Act, 2006 had been enforced and hence the complaint filed against the applicants by opposite party no. 2 under The Prevention of Food Adulteration Act was not maintainable. It is further not in dispute that the applicants' premises was raided on 11.3.2011 and the complaint was filed against them under Section 7 / 16 of Prevention of Food Adulteration Act in the Court of Metropolitan Magistrate-Ist, Kanpur Nagar on 29.7.2011 and cognizance was taken by the court below on 23.8.2011.;