On the submission by the learned Advocates General that the controversy is covered by a prior order of this Court allowing the petitioner, the writ petition was allowed and the impugned orders summoning the applicant were quashed.
The order dated 10.01.2011 and order dated 02.08.2011 taking cognizance and summoning the applicant are quashed.
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Court No. - 26
Case :- CRIMINAL MISC. WRIT PETITION No. - 19432 of 2011 Petitioner :- Pawan Jain Respondent :- State Of U.P. & Another Counsel for Petitioner :- Brijesh Sahai Counsel for Respondent :- Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A.GA. for the State.
When the case was taken up on 19.11.2018, the Court has passed following order:-
" Learned counsel for the petitioner has submitted that the controversy involved in the present petition is covered by judgement and order of this Court dated 23.2.2012 passed in Application U/S No. 38187 of 2011.
Learned counsel for the petitioner is directed to provide a copy of the said judgement to Mr. Rajiv Kumar Pandey, learned AGA appearing on behalf of State, who is directed to go through the judgement and assist the Court by informing that whether the matter is covered by judgement and order of this Court dated 23.2.2012 or not.
Put up tomorrow i.e. 20.11.2018 in the additional cause list"
Pursuant to the order dated 19.11.2018, Mr. Pankaj Saxena, learned AGA-Ist and Sri Rajiv Kumar Pandey, learned AGA have fairly submitted that the controversy involved in the present writ petition is squarely covered by judgment and order of this Court dated 23.2.2012 passed in Application U/S 482 No.38187 of 2011 (Uttam Khatri Vs. State of U.P. and Another).
Therefore, in light of the statement made by the learned AGAs, this writ petition is accordingly, allowed. The order dated 10.01.2011 passed by the A.C.J.M.-VI, Jhansi and order dated 02.08.2011 passed by learned Special Judge (E.C. Act) in Case No.168 of 2011, under Section 7/16 of Prevention of Food Adulteration Act, P.S. Sadar Bazar, District Jhansi, by which he has taken cognizance and summoned the applicant in the aforesaid offence is quashed with liberty to the respondents to proceed against the applicant under the provisions of The Food Safety and Standards Act, 2006.
Order Date :- 20.11.2018 Junaid
Pawan Jain
State Of U.P.
Neeraj Tiwari
As recorded by the court registry
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