R.Shiva Kumar vs A.Ramaraj
2022 Latest Caselaw 11471 Mad

                                                                            Crl.O.P.No.10273 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 29.06.2022

                                                      CORAM:

                                  THE HON'BLE MR.JUSTICE N.SATHISH KUMAR


                                             CRL.O.P.No.10273 of 2022
                                        and Crl.M.P.Nos.6093 and 6090 of 2022

                     1.R.Shiva Kumar
                     2.R.Saravanan
                     3.M/s.Hotel Saravana Bhavan
                     Rep. by Mr.R.Saravanan
                     No.209, Y-Block, 2nd Avenue
                     Anna Nagar, Chennai 600 040

                     4.Theerthan.C.
                     (Manager & Vendor)
                     No.209, Y-Block, 2nd Avenue
                     Anna Nagar, Chennai 600 040                                ... Petitioner

                                                        Vs.

                     A.Ramaraj
                     Food Safety Officer
                     Code No.536
                     Anna Nagar Area, Chennai District
                     Tamilnadu Food Safety Department
                     No.33, West Jones Road
                     Saidapet, Chennai 600 015                                  ... Respondent



                     Page No.1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.10273 of 2022


                     PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.,
                     to call for the records relating to the complaint in C.C.No.1219 of 2020
                     on the file of the learned X Metropolitan Magistrate, Egmore, Chennai
                     and quash the same.

                                         For Petitioner         : Mr.R.Harishankar

                                        For Respondents          : Mr.A.Gokulakrishnan
                                                                   Additional Public Prosecutor


                                                        ORDER

This Criminal Original Petition filed is under Section 482 of

Cr.P.C., to call for the records relating to the final report filed in

C.C.No.1219 of 2020 on the file of the learned X Metropolitan

Magistrate, Egmore, Chennai, for the offence u/s.59(1) and 52(1) of the

Food Safety and Standards Act, 2006 and quash the same.

2.When this Court was about to dismiss the present petition after

hearing the submissions of the learned counsel for the petitioners, the

learned counsel sought indulgence of this Court to dispense with the

personal appearance of the petitioners before the trial Court.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10273 of 2022

3.In view of the same, this petition stands dismissed. The personal

appearance of the petitioners before the Trial Court shall be dispensed

with, provided that, they shall be present for receiving the charge sheet,

for answering the charge, at the time of questioning under Section 313,

Cr.P.C and at the time of passing judgment. Consequently, the connected

Crl.M.P.No.6093 of 2022 is ordered and Crl.M.P.No.6090 of 2022 is

closed.

29.06.2022

Index : Yes / No Internet: Yes Speaking/non speaking order

kas

To

1.The Food Safety Officer Code No.536 Anna Nagar Area, Chennai District Tamilnadu Food Safety Department No.33, West Jones Road Saidapet, Chennai 600 015.

2.The Public Prosecutor, High Court of Madras.

Chennai – 600 104.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10273 of 2022

N.SATHISH KUMAR, J.

kas

CRL.O.P.No.10273 of 2022 &Crl.M.P.No.6093 & 6090 of 2022

29.06.2022

https://www.mhc.tn.gov.in/judis