C. Dilip Sharma v. Food Safety Officer ( In Charge )

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.11332 of 2023 C.Dilip Sharma .. Petitioner

Versus

The Food Safety Officer (in-charge), Code No.069, Chittamur District and Latur District, First Floor, Revenue Commissioner's Office, District Collector's Complex, Kanchipuram - 631 501.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in S.T.C.No.132 of 2023 pending on the file of the District Munsif-cum-Judicial Magistrate Court, Cheyyur and to quash the charges leveled against the petitioner / accused. For Petitioner : Mr.M.Velmurugan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

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This petition has been filed seeking to quash the S.T.C.No.132 of 2023 pending on the file of the District Munsif-cum-Judicial Magistrate Court, Cheyyur.

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. The learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and he shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court below at the time of questioning 2/5

under Section 251 and 313 Cr.P.C and at the time of passing of the final judgment.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in S.T.C.No.132 of 2023 within a period of six months from the date of receipt of a copy of this order. The trial shall be conducted on a day to day basis in accordance with the guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory tactics, it is open to the trial Court to insist upon the presence of the petitioner and remand him to custody as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous petition is also closed. 08.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Munsif-cum-Judicial Magistrate Court, 3/5

Cheyyur.

2. The Food Safety Officer (in-charge), Code No.069, Chittamur District and Latur District, First Floor, Revenue Commissioner's Office, District Collector's Complex, Kanchipuram - 631 501.

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs and Crl.M.P.No.11332 of 2023 08.08.2023 5/5