Sham Sunder vs State of Haryana and anr.

G. R. Majithia, J. (Oral)

The petitioner has moved this Court vide this petition under Section 482 of the Code of Criminal Procedure for quashing complaint No. 47/3 of 1987 filed under section 16(1) of the Prevention of Food Adulteration Act, 1954 (for short the Act).

The complaint was filed on 16th February, 1987. It was tried as a warrant case and the petitioner was chargesheeted on September" 30, 1988. The Additional Sessions Judge vide order dated 28th October, 1988 ordered that the complaint ought not to be tried as a warrant case, rather it should be tried summarily. After this order, retrial started on 2nd February, 1989.

Learned counsel for the petitioner submits that the petitioner has been harassed for a considerably long time. It was obligatory for the trial Magistrate to summarily try the complaint, as has been held by this Court in Budh Ram and another v. State of Haryana, 1985(1) Recent Criminal Reports 510 (FB) : 1984(II) FAC 179.

There appears to be substance in the submission made. On the facts and circumstances of the case it appears that the petitioner had to undergo mental agony because of the wrong procedure adopted by the trial Magistrate. It is settled rule that the accused should not suffer because of the mistake of the Court. In these circumstances of the case, since the petitioner has suffered mental agony and harassment for a long period because of the wrong procedure adopted by the Court, I think it will meet ends of Justice if the complaint is quashed. I order accordingly.