- (1.) AS prayed for, list this case on 22.01.2014. Till then, interim order passed on 11.12.2013 shall continue. Having heard learned counsel appearing for the petitioner and learned counsel appearing for the State and on perusal of record, I do not find any illegality with the order dated 08.07.2010 passed in Piparwar P.S. Case No.58 of 2009 [G.R. No.1011 of 2009] under which cognizance of the offence has been taken under Section 414 of the Indian Penal Code against the petitioner on the allegation that when 20 tonnes of coal was found stored near a brick -kiln, it was suspected to be stolen.
(2.) HOWEVER , learned counsel appearing for the petitioner submits that it had never been stolen coal rather it had been purchased by one Kedar Nath Singh. The said issue cannot be decided in an application filed under Section 482 Cr.P.C.. Thus, I do not find any illegality with the order taking cognizance and it stands dismissed. Notwithstanding the fact that this petition got dismissed, the petitioner would be at liberty to raise the issue which has been raised in this petition at an appropriate stage. Heard learned counsel appearing for the petitioners and learned counsel appearing for the State. The order dated 12.10.2011 passed in connection with G [F.A.} Case No.141 of 2011 under which cognizance of the offence has been taken against the petitioners under Section 16(1)(a) (I) of the Prevention of Food Adulteration Act, is being sought to be quashed on the ground that the petitioner No.1 never happens to be the proprietor of M/s Laxmi Food Products rather the proprietor happens to be one Vikash Kumar and further nothing is there against Bhola Sao in the prosecution report.
(3.) THE point which has been raised, cannot be a ground for quashing of the order taking cognizance as this Court is never supposed to give any finding as to whether the petitioner No.1 happens to be the proprietor of M/s Laxmi Food Products or not.;