The petitioner sought quashing of a food safety complaint alleging unsafe processed papaya. The court held that the analyst report indicates a trial-worthy issue and dismissed the petition, directing the petitioner to seek relief in the trial court.
The petition was dismissed with no costs awarded. The appearance of the petitioner was dispensed with.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRL.OP No. 5965 of 2022 & Crl.MP.Nos. 3314 & 3315 of 2022
1.P.Thirumoorthy
...petitioner
2.M/s. Sakthi Fruit Products, Represented by its authorised person P.Thirumoorthy, son of Palaniswamy Gounder, No.3a, Vettuvapalayam Main Street, Nasiyanur, Erode - 638 107.
Vs.
The Food Safety Officer, Coimbatore Corporation Section, Code No. 555. 219, Race Course Road, Coimbatore - 641 018. ...Respondent
PRAYER : This petition has been filed under Section 482 of Cr.P.C , to call for records in S.T.C.No.373 of 2020 on the file of the Honble Judicial Magistrate Court No.1 Coimbatore and quash the complaint in STC No. 373 of 2020.
For Petitioner : Mr.M.Rajaraman
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For Respondent : Mr.s.Vinoth Kumar Government Advocate (Crl. side)
ORDER
The petitioner herein filed this petition to call for records in S.T.C.No.373 of 2020 on the file of the Honble Judicial Magistrate Court No.1 Coimbatore and quash the complaint in STC No. 373 of 2020.
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by the commissioner of Food Safety and hence he filed the above complaint
before the Judicial Magistrate No. 1, Coimbatore under the Section 59(i) of Food Safety and Standards Act, 2006 and 190(1)(A) and 200 CPC. Hence, the petitioner filed this petition to quash the said complaint.
analyst given a report that sample is unsafe. It is matter for trial, the petitioner can work out his remedy before the Trial Court. I am not inclined to allow this petition. However, the appearance of the petitioner is ordered to be dispensed with.
20.03.2024
pbl
To
The Public Prosecutor,High Court, Madras.
T.V.THAMILSELVI, J.
pbl
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CRL.OP No. 5965 of 2022
& Crl.MP.Nos. 3314 & 3315 of 2022
20.03.2024
1 issue framed by the court
Whether the High Court should exercise its inherent power under Section 482 Cr.P.C. to quash a complaint alleging violation of food safety standards when the analysis reported the product as unsafe.
2 provisions across 2 enactments
P. Thirumoorthy
The Food Safety Officer, Coimbatore
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
