Surinder Singh, J. - (1.) This judgment will dispose of Criminal Miscellaneous Applications Nos. 6349/M and 6436/M of 1978, both of which involve common question of law and fact.
(2.) The facts giving rise to the above petitions under Sec. 482, Code of Criminal Procedure, read with Article 227 of the Constitution of India, filed by the Gobind Ram and Tarlok Chand petitioner may be briefly, recapitulated. Two complaints were filed by the Government Food Inspector Faridkot in the Court of the Chief Judicial Magistrate, under Sec. 16(1) (c) of the Prevention of Food Adulteration Act, 1935, with the allegation that samples of moong dal which were taken from the shops of the petitioners on September 20, 1977, were found to be adulterated. Two separate complaints were initiated against the petitioners. While these complaints were pending consideration, the Government Food Inspector put in two applications before the trial Court, with the prayer that he may be allowed to withdraw both the cases, as according to the District Magistrate, Faridkot, the same would be in public interest. The trial Court considered the matter and arrived at the conclusion that it would not be a proper exercise of discretion of the Court to allow the withdraw of the cases, since the nature of the offence involved in them is very grave and is of highly anti social character. The applications of the Assistant Public Prosecutor were, therefore, dismissed in both the cases. The petitioners filed separate Revision Petitions against the said orders, but the Additional Sessions Judge, Faridkot, also upheld the orders of the trial Court, mainly on the ground that "it is not clear as to how the withdrawal of the cases would be in the public interest". The present petitions were then filed, with a view to quash the proceedings in the two cases.
(3.) I have heard the learned counsel for the petitioners as also for the State. So far as the respondents are concerned, their learned counsel has merely shown a copy of the Memorandum received from the District Magistrate, Faridkot, the effect that State representation is necessary, otherwise, he has nothing to say.;