- (1.) This is a petition under Section 401 read with Section 482 Cr.P.C for setting aside the impugned judgment dated 11.07.2008 (P3) passed by the learned Additional Sessions Judge, Faridabad and impugned order dated 22.07.2008 (P4) passed by the learned Chief Judicial Magistrate, Faridabad.
(2.) Facts of the case, in brief, are that the petitioner- Bureau filed a complaint under Section 11 read with Section 33 for prosecuting and punishing the accused respondents for violation of the provisions of Bureau of Indian Standards Act, 1986 on the ground that the report dated 11.07.2007 was received to the effect that the accused are misusing the 'ISI' Mark and also doing illegal manufacturing and sale of packaged drinking water. On the basis of the report dated 11.07.2007, search and seizure operation was conducted in the premises of the respondents accused on 12.07.07. At the time of search and seizure operation, the seizure memo dated 12.07.2007 was prepared by the team leader which was duly signed by the accused and other employees of the accused as well as all other team members of the complaint. It was therefore, alleged that the accused-respondents were using stickers with ISI mark and CM/L- 9321469 along with their own address on 20 liters jars of packaged drinking water and these stickers were pasted on the jars. The accused was using stickers on these jars with ISI mark without having licence of ISI from the complainant. Accordingly, the Chief Judicial Magistrate, Faridabad, vide its order dated 31.08.2007 summoned the accused under Section 11 read with Section 33 of the Bureau of Indian Standards Act, 1986. Aggrieved by the above mentioned summoning order dated 31.08.2007, the respondents filed a criminal revision under Section 397 of Code of Criminal Procedure before the learned Additional Sessions Judge, Faridabad, claiming therein, that no offence under Section 11 read with Section 33 of the Act is made out against the accused. Accordingly, the complaint was dismissed vide order dated 22.07.2008 passed by the Chief Judicial Magistrate, Faridabad.
(3.) Hence, the judgment dated 11.07.2008 passed by the Additional Sessions Judge, Faridabad as well as the judgment dated 22.07.2008 passed by the Chief Judicial Magistrate, Faridabad are being challenged by way of present revision petition.;