Munna Mian @ Sarfaraj @ Manna Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12552 of 2013 Arising Out of PS.Case No. -9 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictPatna =========================================================== Munna Mian @ Sarfaraj @ Manna Miyan son of Late Md. Khatib Resident of Fatehjampur ( Sabalpur ), Police Station - Didarganj, District - Patna .... .... Petitioner

Versus

The State Of Bihar .... .... Opposite Party =========================================================== Appearance :

For the Petitioner : Dr. Manoj Kumar, Advocate For the Opposite Party : Mr. Jitendra Kumar Singh, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 19-05-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed for quashing the order dated 07.06.2011 passed by the learned Sub-Divisional Judicial Magistrate, Patna City taking cognizance in connection with C.B. Case No.9 of 2011/1844/2011 for the offences under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954.

3. A perusal of the impugned order dated 07.06.2011 shows that the same has been passed with due application of mind on the basis of the prosecution report and other materials available on record, and after finding a prima facie case was made out against the petitioner on the basis of accusations made, cognizance has been taken.

Patna High Court Cr.Misc. No.12552 of 2013 dt.19-05-2015 2/2

4. Considering the above, this Court is not inclined to interfere with the impugned order at this stage. The petition stands dismissed.

5. The petitioner will be at liberty to raise all points appropriately at the time of framing of charges. (Vikash Jain, J) B.T/- U T