IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9932 of 2009 M/S RUNGTA TEA COMPANY, PANKAJ MARKET ROAD, SARAIYAGANJ, MUZAFFARPUR. THROUH ITS MANAGER MR. ASHOK KUMAR NAMAI, S/O. SRI NAND LAL NAMANI, RESIDENT OF MOHALLA – BALUGHAT, P.S. – SADAR, DISTRICT – MUZAFFARPUR. ..................... PETITIONER. Versus THE STATE OF BIHAR ......................... OPP. PARTY. ----------- For the Petitioner :- Sri Beni Madhav Tiwary, Sr. Advocate. Sri Ashwini Kumar Gupta, Advocate. Sri K. C. K. Sinha, Advocate. For the State :- Sri Damodar Prasad Tiwary, A. P. P. 03/ 06.01.2011 Heard. This is a petition for quashing the order dated 29.11.2006 passed by the C.J.M, Madhubani in Complaint Case No. G.O. – 163 of 2006 by which he has taken cognizance for offence under Section 16 of the Prevention of Food Adulteration Act, 1954. The prosecution case as alleged that the Logo for Vegetarian is not fixed on proper site of the label and so the report of the public analyst is that it is misbranded. Learned counsel for the petitioner relying on decision reported in 2005 (1) PLJR 188 (Jagdish Prasad Didwania & Anr. Vs. State of Bihar & Anr.) submits that the only allegation is that the logo for Vegetarian is not fixed on proper site on the label but in order to constitute 2 an offence the allegation of misbranding must relate to an article of food and mere change in position of logo not of substance and hence the prosecution on the ground would be nothing but the abuse of the process of the court. Hence, having regard to the allegation since there is only allegation that the logo for Vegetarian not fixed on proper site of the label as per the analyst report and hence allowing the prosecution when there is no report about article or food amount to abuse of the process of the court and hence the criminal prosecution is hereby set aside and hence the order taking cognizance is set aside and the petition is allowed. Kundan (Gopal Prasad, J.)