Case Note & Summary
The petitioner, Sri C. Veerabhadra Babu, proprietor of Sri Rangam Oil Industries, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of a complaint dated 03.12.2016 and FIR in Crime No.485/2016 registered by Challakere Police, Chitradurga District, within the jurisdiction of the Principal Civil Judge (Jr.Dn.) and JMFC, Challakere. The petitioner contended that the complaint and FIR were arbitrary, opposed to law, equity, and justice, and amounted to an abuse of the process of court. The respondents were the State of Karnataka, represented by the Challakere Police, and the Food Inspector, Taluk Office, Challakere. The High Court of Karnataka, presided over by Hon'ble Mr Justice Suraj Govindaraj, admitted the petition and, after hearing the parties, quashed the complaint and FIR. The court held that the mandatory sampling procedure under Section 11 of the Food Safety and Standards Act, 2006 had not been complied with, which rendered the prosecution invalid. The court did not provide detailed reasoning in the order but allowed the petition, thereby quashing the proceedings.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR quashed where mandatory sampling procedure under Section 11 of Food Safety and Standards Act, 2006 not followed - Held that non-compliance with statutory sampling procedure vitiates the prosecution (Paras 1-3).
Issue of Consideration
Whether the FIR and complaint against the petitioner under the Food Safety and Standards Act, 2006 are liable to be quashed due to non-compliance with mandatory sampling procedure under Section 11 of the Act?
Final Decision
The petition is allowed. The complaint dated 03.12.2016 and FIR in Crime No.485/2016 registered by Challakere Police are quashed.
Law Points
- Mandatory sampling procedure under Section 11 of Food Safety and Standards Act
- 2006
- Non-compliance renders prosecution invalid
- Quashing of FIR under Section 482 CrPC
