- (1.) Heard learned counsel for the applicants and learned A.G.A. An F.I.R. was registered against the applicants as Case Crime No. 135 of 2010, under Sections 272, 273 I.P.C., Police Station Bindki, Fatehpur arising out of report of Food Inspector Fatehpur, new bearing S.T. No. 328 of 2010 (State of U.P. v. Bankey Bihari and others, pending in the Court of special Sessions Judge (E.C. Act), Fatehpur and Complaint Case No. 1505 of 2010 (State of U.P. v. Bankey Bihari and others, under Section 7 /16 Prevention of Food Adulteration Act now pending as S.T. No. 608 of 2010, (State of U.P. v. Bankey Bihari and others) in the Court of Special Sessions Judge, (E.C. Act), Fatehpur. The premises of the floor mill was inspected by the opposite party No. 2 and on the complaint of the opposite party No. 2, the said F.I.R. has been lodged. After conclusion of the investigation, report under Section 173 was filed against the applicants under Sections 272 and 273. In respect to the same incident the opposite party No. 2 also filed a complaint case. Since both the proceedings were initiated against the applicants regarding the same incident, the matter was consolidated and complaint was transferred to the Court of Sessions Judge.
(2.) The applicant has questioned these proceedings on the ground that in view of the Food Safety and Standard Act, 2006, no proceedings can be initiated under proceedings 272 and 273 of the Criminal Procedure Code. The power of police has been excluded by the Act to initiate any investigation in the matter. Their plea was rejected by the trial Court. Under these circumstances, They have approached this Court. The applicants have placed reliance on a Division Bench Judgment of this Court in Writ Petition No. 8255 (MB) of 2010, M/s. Pepsico India Holdings (Pvt.) Limited and another.
(3.) I have perused the material on record as well as the aforesaid Judgment. Following directions have been passed by the Division Bench: In view of the aforesaid discussions, the writ petitions are allowed. The impugned G.O. dated 11.5.2010 issued by the State Government contained in Annexure-1 to the writ petition is hereby quashed. Consequently, the FIR dated 11.8.2010 registered as case crime No. 392 of 2010 under Sections 272 /273 IPC, PS Cantt. District Varanasi, FIR dated 11.8.2010 in Case Crime No. 144 of 2010 registered at PS Rohaniya, District Varanasi and the FIR registered as case crime No. 244 of 2010, PS Khuldabad, District Allahabad are also hereby quashed. The concerned Magistrates shall immediately pass necessary orders for forthwith release of all the petitioners, who are in jail. In view of the directions given by this Court, the proceedings before the Sessions Court are liable to be quashed as the applicants case is squarely covered by the aforesaid Judgment. Accordingly, the application is allowed and the impugned order dated 24.5.2012 passed by the Additional Session Judge/Special Judge, Fatehpur as well as the entire criminal proceedings against the applicants which is pending in S.T. No. 328 of 2010 and S.T. No. 608 of 2010, State v. Bankey Bihari and others, under Sections 272, 273 I.P.C. are quashed.;