Madras High Court
Bhusan Garg vs The State Rep. By on 29 November, 2021
1 CRL.O.P.(MD)NO.18702 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)Nos.18702 & 18706 of 2021 and
CRL.M.P.(MD)Nos.10353 to 10355 & 10357 of 2021
1. Bhusan Garg,
Director,
M/s.Shambu Kaini Pvt. Ltd.,
K.H.No.1110/132, Village Rithiala,
Delhi – 110 085.
2. Vishal Garg,
Director,
M/s.Shambu Kaini Pvt. Ltd.,
K.H.No.1110/132, Village Rithiala,
Delhi – 110 085. ... Petitioners / Accused 5 & 6
in both petitions
Vs.
The State rep. By,
The Food Safety Officer,
Madurai Corporation – Code No.572,
O/o.Designated Officer,
The Food Safety and Drug Administration Department,
Viswanathapuram,
Madurai – 625 014. ... Respondent / Complainant
in both petitions
Prayer: Criminal Original petition is filed under Section
482 of Cr.P.C, to call for the records pertaining to the private
complaint in S.T.C.Nos.3058 & 3059 of 2021 pending before
the learned Judicial Magistrate No.II, Madurai under Sections
58, 59(i) and 63 of the Food Safety and Standards Act, 2006
and quash the same as illegal as against the petitioners.
https://www.mhc.tn.gov.in/judis
1/4
2 CRL.O.P.(MD)NO.18702 OF 2021
(in both Crl.O.Ps.)
For Petitioners : Mr.S.I.Muthiah
For Respondent : Mr.T.Senthil Kumar,
Additional Public Prosecutor.
***
COMMON ORDER
Heard the learned counsel appearing for the petitioners
and the learned Additional Public Prosecutor appearing for
the respondent.
2. The petitioners are facing prosecution for the offences
under Sections 58, 59(i) and 63 of the Food Safety and
Standards Act, 2006.
3. The learned counsel appearing for the petitioners
reiterated all the contentions set out in the memorandum of
grounds.
4. In view of the decision of this Court reported in
MANU/TN/2513/2019 (Jeetmal Ramesh Kumar Vs. The
Commissioner, Food Safety and Drug Administration
Department and Ors.), I am not in a position to grant relief
under Section 482 of Cr.P.C.
https://www.mhc.tn.gov.in/judis
2/4
3 CRL.O.P.(MD)NO.18702 OF 2021
5. Leaving open all the contentions and the defences of
the petitioners, this criminal original petitions are dismissed.
Taking note of the facts and circumstances of this case, the
personal appearance of the petitioners before the Court below
is dispensed with. However, the petitioners have to appear
before the Court below on the following three occasions:-
i) To answer the charges,
ii) at the time of examination under Section 313 of Cr.P.C.
and
iii) at the time of pronouncement of Judgment.
The petitioners also will have to appear when their presence is
insisted upon by the trial Court and on all other occasions, the
petitioners can be represented by their counsel. If the
petitioners' counsel also fails to appear, the benefit of this
order will stand vacated automatically. Consequently,
connected miscellaneous petitions are closed.
29.11.2021
Index : Yes / No
Internet : Yes/ No
PMU
https://www.mhc.tn.gov.in/judis
3/4
4 CRL.O.P.(MD)NO.18702 OF 2021
G.R.SWAMINATHAN,J.
PMU
Note: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant concerned.
To:
1. The Judicial Magistrate No.II,
Madurai.
2. The Food Safety Officer,
Madurai Corporation – Code No.572,
O/o.Designated Officer,
The Food Safety and Drug Administration Department,
Viswanathapuram, Madurai – 625 014.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)Nos.18702 & 18706 of 2021
29.11.2021
https://www.mhc.tn.gov.in/judis
