No. - 12022 of 2026 Smt Radha Devi State of U.P & Anr. v. Radha Devi) under Section 26(2)(1) & 59(1) of Food Safety and Standards & Anr.

Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

The present 528 B.N.S.S. application has been filed to quash the entire proceeding of the Complaint Case No. 217 of 2025 (State Vs. Radha Devi & Another) under Section 26(2)(1) & 59(1) of Food Safety and Standards Act, 2006, Police Station Kotwali Nagar, District Hamirpur, pending in the court of Additional Chief Judicial Magistrate, Hamirpur.

Counsel for the applicant submits that applicant was working as Full Time Female Teacher (Science) in Kasturba Gandhi Avasiya Balika Vidyalaya. When the opposite party no. 2 reached the school, found moongdal suspected and taken for sample. As per analyst report, sample contains synthetic colour Brilliant Blue FCF and Tartrazine which is not permitted in pulses. Counsel for the applicant next submits that cognizance is without application of judicial mind and learned Magistrate after receiving the complaint has issued summons without considering the complaint and observing other material evidence.

Matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable at an early date. 2 NA528 No. 12022 of 2026

Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List after expiry of aforesaid period.

Till the next date of listing, further proceedings of Complaint Case No. 217 of 2025 (State Vs. Radha Devi & Another) under Sections 26(2)(1) & 59(1) of Food Safety and Standards Act, 2006, Police Station Kotwali Nagar, District Hamirpur, shall remain stayed. March 25, 2026 Meenu Singh (Deepak Verma,J.)