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november 1997

Supreme Court of India · 1997-11-04

M/S.PEPSI FOODS vs SPECIAL JUDICIAL MAGISTRATE

Citation / case number
SC 1997/61812
Court
Supreme Court of India
Petitioner
M/S.PEPSI FOODS
Respondent
SPECIAL JUDICIAL MAGISTRATE
Author
D.P. WADHWA SUJATA V. MANOHAR
Bench
D.P. WADHWA SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellants' writ petition under Articles 226 and 227 of the Constitution, which sought to quash a complaint filed under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954. The Court held that the High Court was correct in directing the appellants to seek discharge under Section 245 of the Code of Criminal Procedure, as an adequate remedy was available and the allegations were not inherently improbable. The judgment reinforces the principle that writ jurisdiction should not be invoked when an alternative remedy exists.

M/S.PEPSI FOODS vs SPECIAL JUDICIAL MAGISTRATE · Niyam