IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28048 of 2009 Laxmikant Mandal, S/O-Sri Aghnu Mandal, R/O-Panday Mall, Fraser Road, P.S.-Kotwali, District-Patna …………….Petitioner. Versus 1. The State Of Bihar 2. The Civil Surgeon-Cum-Chief Medical Officer, Patna 3. The Food Inspector, Officer of the Civil Surgen-cum-Chief Medical Officer, Patna ……….Respondents. ----------- 02 25.08.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on admission stage. Petitioner seeks quashing of order dated 27.05.2009 passed in Case No. 08 (M) of 2009 by which and whereunder learned Sub Divisional Judicial Magistrate, Patna took cognizance for the offences under Section 16 (1) (A) of Prevention of Food Adulteration Act, 1954. It would appear from the prosecution report that Food Inspector visited the shop of the petitioner and collected the sample of Schezwan Instant Noodle and subsequently, the aforesaid noodle was found misbranded as the “Best Before” not mentioned in capital letters. The contention of learned counsel for the petitioner is that petitioner is a manager of the shop from which the sample was collected. It is further contended by him that neither petitioner is owner of the aforesaid shop nor the manufacturer or packer of the seized item. So, no case is made out against the petitioner. It is also contended by him that the owner of the aforesaid shop has not been made accused in this case. It is further contended by him that several prosecutions were lodged against the petitioner on the same day and 2 almost in all the prosecutions, the order taking cognizance has already been quashed by this Court by different orders passed in different petitions. To substantiate his aforesaid contention, he produced certified copy of order dated 03.08.2011 passed in Cr. Misc. No. 27739 of 2007. Considering the aforesaid facts and circumstances as well as submissions of the parties, this criminal miscellaneous case is allowed and order taking cognizance dated 27.05.2009 passed in Case No. 08 (M) of 2009 pending in the court of Sub Divisional Judicial Magistrate, Patna is, hereby, quashed. In the aforesaid manner, this petition stands disposed of on admission stage itself. SHAHZAD ( Hemant Kumar Srivastava, J.)