Food Safety Officer v. Abhishek Kumar and others, under Sections
Case Details
Neutral Citation No. - 2025:AHC:66764 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12763 of 2025 Applicant :- Abhishek Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nikhil Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Nikhil Chaturvedi, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA for State. 2. This Court on 17.04.2025 required the learned AGA to obtain instructions. 3. Today learned AGA has produced before this Court a parawise instructions dated 28.04.2024 and he submits that they are self- sufficient for the disposal of the application and he does not propose to file any affidavit. Learned counsel for the applicant submits that the application be decided on the basis of documents available on record. Thus, with the consent of the parties, the application is being decided at the fresh stage. 4. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of the impugned summoning order dated 4.1.2022 passed by learned Additional
Facts
Chief Judicial Magistrate, Firozabad in Complaint Case No. 252 of 2022, Food Safety Officer Vs. Abhishek Kumar and others, under Sections 38, 26 (2) (v), 62 of Food Safety and Standards Act, Police Station South, District Firozabad, 5. Learned counsel for the applicants submits that the opposite party no. 2, Food Safety Officer, Firozabad lodged a complaint against the applicants on 25.09.2021 alleging that on 25.02.2021, the opposite party no. 2 along with a team came to the shop of the applicants and collected sample of the vegetable oil but the applicants obstructed the opposite party no. 2 and the team members, in exercising the duties to collect the sample of the
Legal Reasoning
to be summoned even on prima facie basis. He thus submits that summoning is a serious issue and it cannot be taken lightly, as it has implications and ramifications and on mere asking, the summoning order has been passed. He seeks to rely upon the decision in the case of Sachin Garg v. State of U.P.; 2024 (2) JIC 224 SC as well as the judgment in the case of M/S. JM Laboratories vs State of Andhra Pradesh 2025 INSC 127 so as to buttress his submission. 6. Learned AGA on the other hand submits that though the allegations are against the applicants as mentioned in the complaint invoking the penal provisions under which the applicants have been summoned, but according to him, the summoning order is cryptic and thus, according to him, the same may be set aside and the matter be remitted back to Court below to pass fresh orders. 7. Learned counsel for the applicants has submitted that there are other grounds of attacking the summoning order and he even argues that the allegations in the complaint would not stand, however, he submits that the summoning order be set aside and the matter be remitted back to court below to pass fresh orders. 8. I have heard learned counsel for the parties and gone through the records carefully. 9. Apparently, in the present case, a complaint stood lodged with regard to certain offences under Section 38, 26(2) (v)/62 of the Food Safety and Standards Act, 2006. The applicants have been summoned by virtue of the order dated 04.01.2022. However, the Court finds that the summoning order is cryptic and it does not recite the case even in brief of the complainant less to say about application on prima facie basis of the commission of the offences under the penal provisions. 10. The Hon'ble Apex Court in the case of JM Laboratories (supra), para 9 whereof is quoted hereinunder.- "9. In the present case also, no reasons even for the namesake have been assigned by the learned Magistrate. The summoning order is totally a non-speaking one. We therefore find that in light of the view taken by us in criminal appeal arising out of SLP (Crl.) No. 2345 of 2024 titled "INOX Air Products Limited Now Known as INOX Air Products Private Limited and Another v. The State of Andhra Pradesh", and the legal position as has been laid down by this Court in a catena of judgments including in the cases of Pepsi Foods Ltd. and another Vs. Special Judicial Magistrate and others, Sunil Bharti Mittal Vs. Central Central Bureau of Investigation, Mehmood U Rehman Vs. Khazir Mohammad Tunda and others and Krishna Lal Chawla and others Vs. State of Uttar Pradesh and another, the present appeal deserves to be allowed." 11. Since the order dated 04.01.2022 summoning the applicant has been passed is cryptic in nature, thus, in the opinion of the Court, the order cannot be sustained. 12. Accordingly, the summoning order dated 4.1.2022 passed by learned Additional Chief Judicial Magistrate, Firozabad in Complaint Case No. 252 of 2022, Food Safety Officer Vs. Abhishek Kumar and others, under Sections 38, 26 (2) (v), 62 of Food Safety and Standards Act, is set aside, 13. Matter is remitted back to the court below to pass a fresh summoning order strictly in accordance with law taking into account each and every aspect of matter as noticed above. 14. For facilitating early disposal, the parties shall furnish the certified copy of the order before the court below by 09.05.2025 and the court below shall proceed to decide the said proceeding with most expedition. 15. Needless to point out that the Court has not adjudicated upon the merits of the case.
Arguments
vegetable oil, threatened and abuse them. Learned counsel for the applicant has contended that on the basis of the said complaint purported to be under Section 38, 26(2)(v)/62 of the Food Safety and Standards Act, 2006 on 04.01.2022, the applicants have been summoned. Learned counsel for the applicants further submits that the summoning order is totally non-speaking and cryptic and it has been passed by total non-application of mind without even adverting to the case of the complainant and also the applicability of the penal provisions under which the applicants are being stated
Decision
16. Accordingly, the application stands disposed of. 17. Instructions filed today, is taken on record and marked as Appendix-A. Order Date :- 29.4.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad