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2026 DAILYLAW 20284 (HP)

Ms R.K. TRADING COMPANY v. STATE OF HP

CRMMO/49/2014 · 2026-08-21

Sandeep Sharma

body2026

Judgment text

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2026:HHC:35705 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.49 of 2014 Date of Decision: 21.08.2026 _______________________________________________________ M/s R.K. Trading Company ….Petitioners Versus State of Himachal Pradesh & another … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner : Mr. Deepak Gupta, Senior Advocate with Ms. Yashika Thakur and Mr. Rahul Sharma, Advocates For the Respondents: Mr. Vishal Panwar, Additional Advocate General with Mr. Ravi Chauhan Deputy Advocate General, for the respondent-State. Mr. Surinder Saklani, Advocate, for respondent No.2. _______________________________________________________ Sandeep Sharma, Judge(oral): While placing on record a copy of the death certificate dated 4th May 2019, issued by Municipal Corporation, Hoshiarpur (Punjab), Mr. Deepak Gupta, learned Senior counsel representing the petitioner, states that Sh. Ram Krishan Nayyar, Proprietor of M/s R.K. Trading Company ( petitioner herein) expired on 04.05.2019. Mr. Gupta, further states that on account of death of the sole proprietor, the present petition has been rendered infructuous. 2. To substantiate that deceased Sh. Ram Krishan Nayyar, was the Proprietor of M/s R.K. Trading Company, Mr. Gupta, has 1Whether the reporters of the local papers may be allowed to see the judgment? 2 2026:HHC:35705 also placed on record tax invoice issued by the Tax Department, perusal whereof reveals that deceased Sh. Ram Krishan Nayyar was the sole Proprietor of M/s R.K. Trading Company. 3. Careful perusal of the pleadings as well as other material adduced on record by the respective parties reveals that a case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act was registered against one Kahan Singh, who moved an application under Section 20-A of the Act, seeking therein impleadment of M/s R.K. Trading Company, as a consequence of which, afore company through Sh. Ram Krishan Nayyar, came to be impleaded as one of the accused. 4 Since on account of death of sole proprietor Sh. Ram Krishan Nayyar, the proprietorship concern has come to an end, prosecution launched against the same cannot be permitted to sustain and as such, petition at hand, which was otherwise filed by aforesaid proprietorship concern, is disposed of as having rendered infructuous Needless to say, Court below shall proceed against other accused, who, through their counsel, are directed to appear before the Court below on 15.09.2026, enabling the Court below to proceed with the matter. Pending applications, if any, also stand disposed of. 2. (Sandeep Sharma), Judge August 21, 2026 (shankar)