[2026:RJ-JP:3845] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8055/2019 Santosh Gupta S/o Shri Satyanarayan Gupta, R/o D-71, S.d.c. Green Park, Janta Colony, District Jaipur, Raj. ----Petitioner Versus 1. State Of Rajasthan, Through PP. 2. Mamta Kumari Meena, Sub Inspector, Police Station Bassi, Jaipur. ----Respondents For Petitioner(s) : Mr. Mayank Gupta with Mr. Santosh Soni, Mr. Lokesh Sharma, Mr. Vaibhav Gupta, Mr. Deepak Yogi For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/01/2026 1. The prayer has been made for quashing of the impugned FIR No.745/2019, registered at Police Station Bassi, District Jaipur City (East) for the offences under Sections 420, 270, 272 and 273 of IPC. 2. It is contended by learned counsel for the petitioner that in the matter of S.B. Criminal Misc. Petition No.1945/2024 passed on 19.11.2025, the Co-ordinate Bench after relying upon the judgment passed by the Hon'ble Apex Court in the matter of Ram Nath Vs. The State of Uttar Pradesh & Ors., (Criminal Appeal No.472/2012) decided on 21.02.2024, as well as in the case of Sushil Kumar Gupta Vs. State of West Bengal [2026:RJ-JP:3845] (2 of 2) [CRLMP-8055/2019] reported in 2024(1) FAC 501 concluded that by virtue of Sections 89 and 59 of Food Safety and Standards Act, 2006 will over ride the provisions of Sections 272 and 273 of IPC, respectively and it was also held that there cannot be simultaneous prosecution of the accused under the Food Safety and Standards Act and the IPC, therefore, considering the aforesaid facts, the FIR registered against the petitioner under Sections 420, 270, 272 and 273 of IPC is hereby quashed with the liberty to the Food Safety Officer and the authority concerned to initiate proper proceedings against the petitioner in accordance with law, if not already initiated. 3. The present criminal misc. petition is accordingly disposed of. 4. All pending application as well as stay application, if any, shall stands disposed. 5. The copy of the order be sent to the concerned Food Safety Officer for compliance of the order. (PRAVEER BHATNAGAR),J Keshav/32