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Madras High CourtCRL OP(MD)/7003/2022disposed of

Balasubramanian v. The Food Safety Officer

2024-12-10Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.7003 of 2022 and Crl.M.P(MD)No.4805 of 2022

1. Balasubramanian

2. Alagarsamy ... Petitioners Vs State represented by its The Food Safety Officer, Marungapuri and Vaiyampatti Circle, No.312, DDHS Office Complex, Trichy District.

... Respondent PRAYER: Criminal Original petitions have been filed under Sections 439

(1) (b) of the Code of Criminal Procedure, to call for the entire record relating to the proceeding in S.T.C No.146 of 2022 on the file of the learned Judicial Magistrate, Manaparai and quash the same as illegal. For Petitioners : Mr.Madhu J, For Respondent :Mr.B.Thanga Aravindh Government Advocate (Crl.Side)

O R D E R

This petition has been filed challenging the proceedings in S.T.C No.146 of 2022, on the file of the learned Judicial Magistrate, Manaparai, for the offence under Sections 51 and 59(i) of Food safety and Standards Act, 2006.

2. The grounds raised by the counsel for the petitioners 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 petitioners 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 petitioners requested this Court to dispense with the presence of the petitioners. Taking into consideration, the facts and circumstances of the case, the presence of the petitioners is dispensed with and they shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The

petitioners shall be present before the Court below at the time of questioning under Section 313 (1)(b) of Cr.P.C and at the time of passing of the final judgement and as and when required.

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.146 of 2022 within a period of three 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 petitioners adopt any dilatory tactics, it is open to the trial Court to insist upon the presence of the petitioners and remand them 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 closed.

10.12.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR

To

1. The Judicial Magistrate, Manaparai.

2.The Food Safety Officer, Marungapuri and Vaiyampatti Circle, No.312, DDHS Office Complex, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

N.ANAND VENKATESH, J.

LR Crl.O.P(MD)No.7003 of 2022 10.12.2024