D.S.Bajpai - (1.) HEARD learned counsel for the petitioner. It so transpires that a complaint was filed against the petitioner company in the Court of Special Magistrate, Economic Offences I Class, Lucknow, under section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as Act). This complaint was filed on 5-9-1983 and the learned Magistrate summoned the accused persons, namely, Shri Bipin Kumar, Vijay Datt, Rajesh Mohan, Mohan Gold Water Breweries Ltd and Mohan Meakin Ltd. (Petitioner herein). By an order on the same date i e.5-9-1983 the accused persons were summoned for 5-10-1983. In the meantime, it so transpires that the accused moved an application for getting the sample tested by the Central Food Laboratory, Calcutta and it is alleged that a report from the said laboratory dated 31-5-1984 was received in the court which per annexure-4 to the affidavit indicates :- " Opinion : The sample of unsweetened carbonated water is not adulterated. "
(2.) THE learned counsel for the petitioner contends that in view of the provisions of sub-section (3) of section 13 of the Act this report would supersede the earlier report of the Public Analyst of U. P. on the basis of which the accused were charge-sheeted. Be that as it may, the accused had to bring this fact to the notice of me learned Magistrate by moving a proper application and sought his decision. In this view of the matter the present petition under section 482 of the Code of Criminal Procedure is pre-mature. The petition is accordingly dismissed It is, however, open to the petitioner to approach the learned trial court by a proper application, if so advised, and in case such an application is moved, the learned Magistrate will pass appropriate orders on the said application expeditiously. Let the record of the trial court be immediately remitted back to it for further necessary action. The record will not be detained any longer for purposes of Crl. Misc. Case No. 226 of 1986 which is also a petition under Section 482 of the Code of Criminal Procedure filed by another accused in the same case, namely, Rakesh Mohan, challenging the prosecution inter alia, on the same ground. Stay order, if any, staying the proceedings of the trial court shall stand vacated. Petition dismissed.;