Madras High Court
Jeyanthi vs State Represented By The on 1 February, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.O.P.(MD)No.3343 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.(MD) No.3343 of 2022
and
Crl.M.P.(MD).No.2473 of 2022
1.Jeyanthi
2.Nagaraj
3.TTK Aqua Industries,
Represented by its Proprietor Jeyanthi ... Petitioners / Accused
Nos.1 to 3
Vs.
1.State represented by the
Food Safety Officer,
Food Safety and Drugs Administration Department,
Code No.111, Kottampatti Union,
Health and Family Welfare Training Centre,
Viswanathapuram,
Madurai-625 014. ...Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records relating to the impugned proceedings in
S.T.C.No.1106 of 2021 on the file of the Judicial Magistrate Court,
Melur Madurai District and quash the same.
For petitioners : Ms.L.Thenmozhi
For Respondent : Mr.P.Kottaichamy
Government Advocate
(Criminal Side)
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1/6
Crl.O.P.(MD)No.3343 of 2022
ORDER
This petition has been filed seeking to quash the
proceedings in S.T.C.No.1106 of 2021 on the file of the Judicial
Magistrate Court, Melur Madurai District, against the petitioners herein.
2. The case of the prosecution is that on 14.09.2020 when
the respondent / Food Safety Officer herein has taken a sample of water
from the petitioner’s company and it was found that the water in the
bottle was not safe for drinking purpose and a report was obtained on
02.12.2020 stating that it was “unsafe”. Hence, a private complaint
under Section 190(1)(A) and 200 of Cr.P.C. has been filed by the
respondent herein before the learned Judicial Magistrate, Melur, Madurai
District and the same was taken cognizance in S.T.C.No.1106 of 2021 for
the offence punishable under Section 59(i) of the Food Safety and
Standards Act, 2006.
3. The learned counsel appearing for the petitioners would
submit that there is no violation of any regulation made by the petitioners
stated in the complaint.
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4. The learned Government Advocate (Crl. Side) would
submit that there are materials available to proceed with the case as
against the petitioners herein and at the threshold, the criminal
proceedings cannot be quashed and the charges against the petitioners
have to be gone into only at the time of trial and hence, he prayed for
dismissal of the petition.
5. In the above circumstances, the trial court has rightly
taken the case on file and this Court is of the considered view that no
prejudice would be caused to the petitioners, if they are subjected to due
trial as sufficient opportunity would be given to the petitioners to put
forth their defence. The petitioners cannot be let by quashing the charges
framed against them as that would completely undermine the alleged act,
which is the subject matter of criminal trial pending against them. Useful
reference in this regard can be made to the decision of the Hon’ble Apex
Court in State of Haryana – Vs - Bhajan Lal (1992 SCC (Crl.) 426)
6. For the reasons aforesaid, this Court finds no ground or
scope to quash S.T.C.No.1106 of 2021, pending on the file of the learned
Judicial Magistrate, Melur, Madurai District. Accordingly, this Criminal
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Original Petition is dismissed. Consequently, connected miscellaneous
petition is closed.
7. At this juncture, the learned counsel appearing for the
petitioners would submit that this Court may consider to dispense with
the personal appearance of the petitioners before the court below. Taking
into consideration the request as made by the learned counsel for the
petitioners, the appearance of the petitioners before the trial court is
dispensed with except for their appearance for the purpose of receiving
the copy of the proceedings u/s 207 Cr.P.C., framing of charges,
questioning under Section 313 Cr.P.C. and on the day on which judgment
is to be pronounced. However, if for any particular reason, the presence
of the petitioners is necessary, the trial court, at its wisdom, shall direct
their appearance on those days.
01.02.2024
Index : Yes/No
Internet : Yes/No
TSG
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To
1.The Judicial Magistrate Court,
Melur, Madurai District.
2.The Food Safety Officer,
Food Safety and Drugs Administration Department,
Code No.111, Kottampatti Union,
Health and Family Welfare Training Centre,
Viswanathapuram,
Madurai-625 014.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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M.DHANDAPANI. J.
TSG
01.02.2024
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