R.Shiva Kumar v. A. Ramaraj,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.10273 of 2022 and Crl.M.P.Nos.6093 and 6090 of 2022 1.R.Shiva Kumar 2.R.Saravanan 3.M/s.Hotel Saravana Bhavan Rep. by Mr.R.Saravanan No.209, Y-Block, 2nd Avenue Anna Nagar, Chennai 600 040 4.Theerthan.C.

... Petitioners / Accused 1 to 4 Vs.

A.Ramaraj Food Safety Officer Code No.536 Anna Nagar Area, Chennai District Tamilnadu Food Safety Department No.33, West Jones Road Saidapet, Chennai 600 015.

... Respondent / Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the complaint in C.C.No.1219 of 2020 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai and quash the same. For Petitioner : Mr.R.Harishankar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition filed is under Section 482 of Cr.P.C., to call for the records relating to the final report filed in C.C.No.1219 of 2020 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai, for the offence u/s.59(1) and 52(1) of the Food Safety and Standards Act, 2006 and quash the same.

2.When this Court was about to dismiss the present petition after hearing the submissions of the learned counsel for the petitioners, the learned counsel sought indulgence of this Court to dispense with the personal appearance of the petitioners before the trial Court.

3.In view of the same, this petition stands dismissed. The personal appearance of the petitioners before the Trial Court shall be dispensed with, provided that, they shall be present for receiving the charge sheet, for answering the charge, at the time of questioning under Section 313, Cr.P.C and at the time of passing judgment. Consequently, the connected Crl.M.P.No.6093 of 2022 is ordered and Crl.M.P.No.6090 of 2022 is closed. Sd/- Assistant Registrar(CS III) /True Copy// Sub Assistant Registrar kas To The Food Safety Officer Code No.536 Anna Nagar Area, Chennai District Tamilnadu Food Safety Department No.33, West Jones Road Saidapet, Chennai 600 015.

Copy to The X Metropolitan Magistrate, Egmore, Chennai.

+1cc to Mr.Giritharan, Advocate, S.R.No.41576 CRL.O.P.No.10273 of 2022 & Crl.M.P.No.6093 & 6090 of 2022 MG[co] NSK/14/07/2022