- (1.) The present petition has been filed under Section 482 Cr.P.C. praying that the criminal complaint and entire proceedings arising out of Cr. Complaint No.389/2010 titled State vs. Manish Kumar and Others, pending in the court of Chief Judicial Magistrate, Sikar be quashed.
(2.) This Court on 18.9.2018 had passed the following order:- "The learned counsel appearing for the petitioners contends that on 19.04.2010 sample of the Ice-cream was drawn, the report of Chief Public Health Analyst, Jaipur was received on 27.05.2010 and on 31.08.2010 the complaint was filed by the Food Inspector. Counsel further contends that on the same date, cognizance of offence was taken and in pursuance of notice received by the petitioners under Section 13 (2) of the Prevention of Food Adulteration Act, 1954 the petitioners presented an application on 25.09.2010 and on the said application on 14.03.2011 the Court passed an order that the second sample be sent to Central Laboratory for testing. Counsel submits that inspite of the order dated 14.03.2011 passed by the trial Court, till today second sample has not been sent to Central Laboratory.
(3.) Issue notice to the respondent, for 06.12.2018. On the said date, Food Inspector, along with the Assistant Prosecution Officer shall remain present in person before this Court.;