Samrendra Nath Hazra Vs. State of Jharkhand and anr - Court Judgment

In the High Court of Jharkhand at Ranchi Cr.M.P. No.1055 of 2013 Samrendra Nath hazra @ S.N.Hazra....Petitioner VERSUS State of Jharkhand and another....Opposite Parties CORAM: HON’BLE MR.JUSTICE R.R.PRASAD For the Petitioner: Mr.S.K.Dwivedi,Advocate For the State : Mr.Sunil Kumar Dubey, APP 3.16.9.13. Learned counsel appearing for the petitioner submits that he may be permitted to delete the name of opposite party no.2 so that opposite party no.2 may remain party by designation. Learned counsel appearing for the State accepts notice on behalf of opposite party no.2. Mr.Dwivedi, learned counsel appearing for the petitioner submits that the sample of 'Rishabh Badi' (Masoor Badi) was seized from Reliance Fresh. That was sent before the Public Analyst for its analysis. On being analized, the product was found to be misbranded as complete address of manufacturer was not there over the level and thereby the prosecution was initiated against the petitioner, who happened to be one of the employees of Reliance Fresh but from the report of the Public Analyst, it would appear that address is there and even if something has been missing, it can be taken to be sufficient compliance and therefore, prosecution seems to be bad. As prayed for on behalf of the State, let this matter be listed after three weeks so that in the meantime, counter affidavit be filed. Till then, no coercive action shall be taken against the petitioner in Complaint Case bearing no.C-IV-19 of 2009, pending in the court of Sub- divisional Judicial Magistrate, Ranchi. ( R. R. Prasad, J.) ND/