THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.7901 OF 2009 ORDER: The petitioners, who are said to be the marketers of the food product Kissan Fruit Jam are being prosecuted under Section 7(i) and 2(ia) (j) and under Sections 16(1-A)(i) of the Prevention of Food Adulteration Act, 1954, in S.T.C.15 of 2006 on the file of the IV Additional Judicial First Class Magistrate, Chittoor. Earlier they filed Criminal Petition No.1728 of 2006 and the same was withdrawn and the relevant portion of the order permitting for withdrawal is as follows: “After arguing for a while, learned counsel for petitioners seeks to withdraw the petition with liberty to take all available remedies that may be available to them, before the trial Court. Liberty granted. Petition is dismissed as withdrawn.” Thus, they have withdrawn the petition seeking liberty for them to take all available remedies that are available to them before the trial Court. Now again in 2009, this Criminal petition is filed for quashing the proceedings contending that a Division bench of this Court has held in the similar circumstances of this case that the accused cannot be prosecuted. Prima facie, a perusal of the above judgment shows that certain factual position is also required to be considered. Further more, in this case, as already referred the earlier criminal petition was dismissed with a liberty to the petitioners to take available remedies before the trial Court. Though on account of that observation the petitioners might not be totally prohibited from approaching the Court again by way of this quash petition, in the circumstances referred, as the Division Bench judgment relied on is passed on uncertain facts and as the petitioners have approached this Court again after lapse of three years, without going into the merits of the case, this petition is being dismissed. It is needless to mention that the petitioners are at liberty to take all the remedies available before the trial Court as observed by this Court in Criminal Petition No.1728 of 2006. ___________________ P. SWAROOP REDDY, J. Date: 30.10.2009. Rns