HON’BLE MR JUSTICE R. KANTHA RAO CRL.P. NO.5878 OF 2007 Date:09.07.2010 Between: Ranga Maheshwar and others …Petitioners And/- The State of A.P. …Respondent HON’BLE MR JUSTICE R. KANTHA RAO CRL.P. NO.5878 OF 2007 ORDER: This Criminal Petition is filed under Section 482 of the Criminal Procedure Code to quash the proceedings in C.C.No.169 of 2007 passed by the Judicial Magistrate of First Class, Asifabad, Adilabad District. I have heard the learned counsel appearing for the petitioners, and the learned Public Prosecutor representing the State. The main contention urged on behalf of the petitioners is that the complaint does not disclose the notice under Section 13(2) of the Prevention of Food Adulteration Act (for short “the Act”) served to any of the petitioners so as to enable them to get the second sample analysed by the Director of Central Food Laboratory and therefore, the accused lost the opportunity, which they are entitled under the statute. The learned counsel, therefore, submits that in view of the said lapse on the part of the prosecution, the petitioners are entitled for acquittal. On the other hand, the learned public prosecutor furnished the information submitted to him by the complainant, which is to the effect that in fact the notices under Section 13(2) of the Act were served on the respondents therein and in proof of the same Xerox copy of acknowledgments were also filed. In view of the above analysis, as the trial was conducted, and both parties were given opportunity to adduce evidence, it is not possible to conclude as to whether notice under Section 13(2) of the Act was served on the petitioners or not. The learned counsel appearing for the petitioners has fairly conceded that the aspects sought to be considered in the criminal petition have to be gone into at the time of trial. Therefore, I absolutely, see no merits in the criminal petition. Accordingly, the criminal petition is dismissed. Since the learned Single Judge in Criminal Petition No. 6154 of 2002 and batch had given a finding to the effect that the connected cases have to be transferred to the Court of VII Metropolitan Magistrate, Hyderabad, this case is also transferred to the said Court with a direction to try and dispose of the same in accordance with law. ________________ Date: 09.07.2010 R. KANTHA RAO, J kvrm HON’BLE MR JUSTICE R. KANTHA RAO CRL.P. NO.5878 OF 2007 Date:09.07.2010