THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.P.No.12766 of 2010 ORDER: This criminal petition is filed for quashing of the proceedings initiated against the petitioners-A1 and A2 in C.C.No.61 of 2010 on the file of the Court of the Additional Judicial Magistrate of First Class, Chirala, Prakasam District. On the basis of a complaint filed by the Food Inspector, Chirala Municipality, Chirala, Prakasam District, against the petitioners-A1 and A2 for the offences punishable under Sections 16 (1) (a) (i) read with Section 7 (i) and 2 (ia) (m) of Prevention of Food Adulteration Act, 1954 (for short ‘the Act”), the Munsif Magistrate, Chirala, took the case on file against the petitioners-A1 and A2 for the said offences and numbered as C.C.No.61 of 2010. The case of the prosecution, in brief, is that on 07.12.2004 at about 11.30 A.M. the Food Inspector along with his staff inspected Sri Mourya Food Forte Hotel, Darbar road, Chirala municipal area and on suspicion that a tin containing 10 K.Gs of Black Dhal is adulterated, he purchased 750 grams of the said Dhal by paying the price and after dividing the purchased Black Dhal into three parts as per the procedure prescribed under the Act, one sample was sent to the Public Analyst. The Public Analyst after analysis opined that the sample does not conform to the standard of mineral matter and is, therefore, adulterated. After following the procedure prescribed under the Act and the Rules, a complaint was filed, which was taken on file by the learned Magistrate. It may not be necessary to delve various facts narrated in the complaint. From a reading of the complaint, it is clear that there is clear violation of the mandatory provision of Section 13 (2) of the Act. In the present case, the Food Inspector lifted the samples on 07.12.2004 and the Public Analyst report was received by the Food Inspector on 12.01.2005, whereas the complaint was lodged on 29.12.2009 and the analyst report was issued to the petitioners-accused on 20.03.2010. Thus, there is a delay of five years in serving notice under Section 13 (2) of the Act, on the petitioners-accused. In this view of the matter, this Court is of the view that the continuance of the criminal proceedings against the petitioners herein is nothing but an abuse of process of Court. . The Criminal Petition is accordingly allowed and the proceedings initiated against the petitioners-A1 and A2 in C.C.No.61 of 2010 on the file of the Court of the Additional Judicial Magistrate of First Class, Chirala, Prakasam District, are hereby quashed. _____________________________ (GOPALA KRISHNA TAMADA, J) 21-01-2011 Gsn.