THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No.11324 OF 2010 DATED: 19-11-2010 ORDER: This petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings against the petitioner herein in C.C.No.74 of 2008 on the file of the learned Judicial Magistrate of First Class, Bhadrachalam on the ground that the petition filed by the petitioner under Section 13 (2) of the Prevention of Food Adulteration Act, 1954 on 03-03-2008, seeking to forward the second sample for analysis report, was returned two years later on 16-04-2010 and hence no useful purpose would be served by continuing the proceedings in view of the inordinate delay. 2. Heard both sides. Perused the record. 3. The impugned order passed by the learned Magistrate is only to return the application on the ground that the analysis charges of Rs.1000/- were not paid. The impugned order also states certain reasons for the delay in passing the said order. Though the said reasons may not be convincing, still as the order ultimately passed by the learned Magistrate is only to return the application, it is open to the petitioner to resubmit the application by making necessary endorsement and seek an order on merits. The fact that there has been some delay in returning the application does not afford valid or sufficient ground to quash the further proceedings in C.C.No.74 of 2008 altogether. 4. Accordingly, Criminal Petition is dismissed with liberty to the petitioner, as stated above, to resubmit the application. _______________________ G.V.SEETHAPATHY, J 19th November, 2010. Note: Furnish C.C. of the order within two days. B/o Tsy