BHULA UDYOG Vs. H M PATEL

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 482 of the Criminal Procedure Code praying for quashing and setting aside the Criminal Municipal Complaint No. 877/1994 pending in the Court of jmfc, Gandevi.

(2.) IT is stated in the petition that the complaint does not in any way point out as to what part each of the petitioners / accused has played in committing an offence under the Act. It is further stated that complaint is absolutely silent and makes no allegation of any specific or general nature as to what was the role or involvement of the petitioners in the commission of the offence. It is further stated that under similar circumstances, this court has quashed and set aside a complaint on the ground that no allegations were made against the petitioners. A copy of the order passed by this Court in Misc. Criminal Application No. 2010/1990 dated 30. 4. 1994 is annexed.

(3.) WHILE looking at the said order, the Court finds that the criminal complaint is not quashed by the Court on the contrary it was observed that in this proceeding it would not be possible to examine the question with regard to quashing the charge levelled against the petitioner. In view of this position, the petitioner in that petition has sought permission to withdraw the said petition with a view to challenge the order of framing of charge against the petitioner. It is also clarified in the said order that it was open to the petitioner to challenge the order of framing the charge against the petitioner for the offence under Section 7 (1) read with Section 16 of the Prevention of Food Adulteration Act, 1954.