Shreeji Sweets Through Its Proprietor Mr. Vinay Kumar v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1626 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Shreeji Sweets Through Its Proprietor Mr. Vinay Kumar Son of Jagdish Prasad, R/o Tekari Road, P.S.- Kotwali, District- Gaya. ... ... Petitioner/s
Versus
1.
The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna.
2.
The Principal Secretary, Department of Health Government of Bihar, patna. 3.
The food Safety Commissioner, Vikash Bhawan, Baily Road, Patna. 4.
The District Magistrate, Gaya.
5.
The Additional District Magistrate- Cum-Adjudicating Officer, Gaya. 6.
The Designated Officer, Food Safety and Administration, Gaya. 7.
The Food Safety Officer, Food Safety Administration, Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar For the Respondent/s :
Mr. S. D. Yadav Aag-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-03-2023 Heard learned counsel for the parties.
The application has been filed for setting aside the order dated 12.07.2017 passed by the Adjudicating Officer-cumAdditional District Collector, Gaya under Food Safety and Standards Act, 2006 in Case No. 31/13-14.
The proprietor was Vinay Kumar, because of the death of the accused the criminal prosecution cannot continue any further.
The application is disposed of with a direction to the
Patna High Court CR. WJC No.1626 of 2017(2) dt.20-03-2023 2/2 court below to call for a report from the Superintendent of Police, Gaya to satisfy itself whether the accused has died or not. If the report comes that the accused has died, then the prosecution will be dropped.
Accordingly, the application is disposed of.
(Sandeep Kumar, J) Ranjeet/- U T