Anil Kumar Modi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 2120 of 2015 Arising Out of Complaint Case No.- B-III-19/11 Year-2011 Thana- PURNEA COMPLAINT CASE District- Purnea ====================================================== Anil Kumar Modi Son of Late Swarika Prasad Modi @ Dwarika Prasad Modi, Resident of Gulmarg Market, Bhatta Bazar, Khiru Chowk, Purnea, P.S.-K.Hat, District-Purnea, Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Principal Secretary, Health Department, Government of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prince Kumar Mishra, Advocate For the State :
Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. Pursuant to the earlier orders, a counter affidavit has been filed by the opposite party no. 2.
3. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:
"That this is an application for quashing the order dated 06.02.2014 passed by the Court of Sub-Divisional Judicial Magistrate, Purnea in Complaint Case No. B-III-19/11 registered under Sections 16(1)A of Prevention of Food Adulteration Act, 1955 (hereinafter referred to as "PFA Act") for reasons of violation of Section 2(ix) (j) and (k) of PFA Act read with Rule 32(b)(2)(iv) and Rule 32A and 37A of the
Patna High Court CR. MISC. No.2120 of 2015(9) dt.01-05-2019 2/2 PFA Rules, 1955-refusing to discharge the petitioner on grounds that are non est in the eyes of law and is based on wrong appreciation of the facts and law."
4. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the application.
5. In view thereof, the application stands dismissed as withdrawn.
(Ahsanuddin Amanullah, J.) P. Kumar U T