Tej Ram Dharam Paul Pvt Lit v. Food Safety Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.M/s.Tej Ram Dharam Paul Private Limited, Nathpur Village, Sonapet, Hariyana.

2.Manmohan Kumar Punia Director of M/s.Tej Ram Dharam Paul Private Limited, Nathpur Village, Sonapet, Hariyana.

3.Deepak Sharma, Director of M/s.Tej Ram Dharam Paul Private Limited, Nathpur Village, Sonapet, Hariyana.

....

Petitioners

Versus

Food Safety Officer Perambalur District ....

Respondent PRAYER: Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure to set aside the order vide in Crl.M.P.No.1 of 2025 in S.T.C.No.1063 of 2024 dated 12.02.2025 on the file of the learned Judicial Magistrate No.I, Perambalur.

For Petitioner s : Mr.Jayabala K

For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Revision Case has been filed as against the order passed in Crl.M.P.No.1 of 2025 in S.T.C.No.1063 of 2024 dated 12.02.2025, on the file of the learned Judicial Magistrate No.I, Perambalur, thereby dismissing the petition filed by the petitioners seeking recall of the Non Bailable Warrant. 2.

The petitioners are arrayed as A2 to A4 in the complaint lodged by the respondent for the offence under Sections 58 & 59 (i) of the Food Safety and Standard Act, 2006. There are totally four accused in the case. The 1st accused pleaded guilty and accordingly, the case was split up and assigned a new S.T.C.No.1063 of 2024. In the said S.T.C.No.1063 of 2024, the petitioners are arrayed as A1 to A3. The petitioners failed to appear before the trial Court and therefore, the trial Court issued Non-Bailable Warrants against them. Subsequently, the petitioners filed a petition to recall the warrants, without appearing in person. The trial Court, not being satisfied with the reasons given for their non-appearance, dismissed the application. 3.

The learned counsel appearing for the petitioners submitted that the trial Court issued Non-Bailable Warrants without serving summons on the petitioners. As far as the 1st accused is concerned, he pleaded guilty. Consequently, the case was split up and Non Bailable Warrants were issued

against the petitioners. However, the petitioners are ready and willing to appear before the trial Court and file a petition to recall non bailable warrant. 4.

Considering the above facts and circumstances, the petitioners are directed to surrender before the trial Court on or before 24.07.2025 and file a petition to recall the Non-Bailable Warrants. On such surrender and filing of the petition to recall warrant, the trial Court is directed to consider the petition and recall the warrants issued against the petitioners. Thereafter, the trial Court shall proceed with the trial and complete the same within a period of three months from the date of recall of the warrants.

5.

With the above directions, this Criminal Revision Case is disposed of. In the event the petitioners fail to appear before the trial Court on or before 24.07.2025, the Commissioner of Police, Chennai, is directed to cooperate with the jurisdiction police concerned and ensure execution of the Non-Bailable Warrants against the petitioners within a period of four weeks thereafter. 24.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rpl G.K.ILANTHIRAIYAN, J.

rpl

To 1.The Judicial Magistrate No.I, Perambalur.

2.The Food Safety Officer Perambalur District.

3.The Commissioner of Police, Greater Chennai, Vepery, Chennai 4.The Public Prosecutor, High Court of Madras, Chennai.

24.06.2025