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State of Punjab Vs. Sat Pal - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
Reported in1984Supp(1)SCC683
AppellantState of Punjab
RespondentSat Pal
Excerpt:
- .....of the view that this was not a fit case in which the high court should have interfered with the criminal proceedings in exercise of its jurisdiction under section 482 crpc. the question relating to the application of rule 22 of the prevention of food adulteration rules, 1955 and its effect have been considered and decided by this court in state of kerala v. alasserry mohammed1. in view of that decision the high court should not have quashed the criminal proceedings before the magistrate. the order of the high court in crl. misc. no. 1978/m of 1981 is, therefore set aside. the magistrate shall now proceed to try the case and dispose it of in accordance with law. it is open to the respondent to raise all contentions before the magistrate including the one based on rule 22-a and rule.....
Judgment:

Order

 Special leave granted. We have heard the learned counsel for the parties. We are of the view that this was not a fit case in which the High Court should have interfered with the criminal proceedings in exercise of its jurisdiction under Section 482 CrPC. The question relating to the application of Rule 22 of the Prevention of Food Adulteration Rules, 1955 and its effect have been considered and decided by this Court in State of Kerala v. Alasserry Mohammed1. In view of that decision the High Court should not have quashed the criminal proceedings before the Magistrate. The order of the High Court in Crl. Misc. No. 1978/M of 1981 is, therefore set aside. The Magistrate shall now proceed to try the case and dispose it of in accordance with law. It is open to the respondent to raise all contentions before the Magistrate including the one based on Rule 22-A and Rule 22-B of the Prevention of Food Adulteration Rules, 1955. The appeal is accordingly allowed and the case is remanded to the Judicial Magistrate, First Class, Jagraon, Ludhiana District.

1 (1978) 2 SCC 386 : 1978 SCC (Cri) 198 : (1978) 2 SCR 820


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