Someshwar S/O. Bhashkar ... vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 13474 Bom

          Judgment                              1                                apl148.19.odt




                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                             NAGPUR BENCH, NAGPUR.


                         CRIMINAL APPLICATION (APL) NO. 148/2019


          1]       Someshwar S/o Bhashkar Chichghare,
                   Aged about 31 years, Occ. Business,

          2]       Prakash S/o Rishi Meshram,
                   Aged about 31 years, Occ. Business,

                   Both R/o. P.O., Thanegaon, Armori,
                   District Gachiroli
                                                                    .... APPLICANT(S)

                                          // VERSUS //

                   State of Maharashtra,
                   Through Police Station Officer,
                   Police Station Gadchiroli,
                   Tah. & Dist. Chandrapur
                                                           .... NON-APPLICANT(S)

           *******************************************************************
                     Shri R.M. Tahaliyani, Advocate for the applicant(s)
                      Shri T.A. Mirza, APP for the non-applicant/State
           *******************************************************************

                             CORAM : V.M. DESHPANDE & AMIT B. BORKAR, JJ.

SEPTEMBER 20, 2021

JUDGMENT : (PER:- AMIT B. BORKAR, J.)

1] By this application under Section 482 of the Code of

Criminal Procedure, the applicants have prayed that F.I.R. No. 550/2018

ANSARI

Judgment 2 apl148.19.odt

registered with the non-applicant - Police Station for the offences

punishable under Sections 273 & 328 of the Indian Penal Code &

Sections 3(1)(zz)(i)(v), 30(2)(a), 59, 26(1), 27(2)(iv) & 27(3)(e) of the

Food Safety And Standards Act, 2006 (for short "the Act of 2006") be

quashed. The main thrust of challenge is that the allegations in the first

information report do not spell out the offences under the provisions of

the Act of 2006 and Rules framed under it and consequently offences

under the Indian Penal Code are not made out.

2] On 03/04/2019, this Court issued notice to the non-

applicant. On 11/07/2019, this Court granted ad-interim order in favour

of the applicants directing that the investigation may proceed but, charge-

sheet shall not be filed.

3] Learned advocate for the applicants submitted that the

Division Bench of this Court at Aurangabad in Criminal Writ Petition

No. 1027/2015 has adjudicated similar issue in group of the matters

along with Writ Petition No. 1027/2015. It is submitted that the issue

involved in the present application is covered by the said judgment. It is

also submitted by learned advocate for the applicants that from the

ANSARI

Judgment 3 apl148.19.odt

averments in the first information report, ingredients of the offences

alleged against the applicants are not fulfilled.

4] The non-applicant has filed reply and submitted that there is

sufficient material available against the applicants showing their

involvment in the crime. Learned APP invited our attention to the

judgment of the Hon'ble Supreme Court in the case of State of

Maharashtra Vs. Sayyed Hassan Sayyed Subhan and ors. [2018 AIR (SC)

5348] and submitted that it is open for the Food Safety Officer to

independently file complaint before the Competent Court for the offence

under the provisions of the Act of 2006. Learned APP further submitted

that the investigation in the matter is completed and charge-sheet is

ready. He also invited attention of this Court to the order passed by the

Division Bench of this Court in LD-VC-CRI-APPLICATION (APPA)

No. 452/2020 (Ritesh Rajkumar Toshniwal Vs. State of Maharashtra)

and submitted that similar order be passed in the present application as

facts of this application are similar.

5] We have scrutinized the contents of the first information

report and other material on record and we are of the opinion that in view

ANSARI

Judgment 4 apl148.19.odt

of the judgment of the Division Bench in LD-VC-CRI-APPLICATION

(APPA) No. 452/2020, we need to pass the similar order. In the present

matter also, the investigation is completed and charge-sheet is ready.

Therefore, considering the aforesaid facts, we are not delving into the

merits of the matter at this stage. In our view, the interests of justice

would be sub-served by passing following order :-

(i) The Investigating Agency shall file the charge-sheet

in the matter.

(ii) The Food Safety Officer will be at liberty to file

complaint under the provisions of the Food Safety

And Standards Act, 2006.

(iii) As we have not delved into the issues raised by the

applicants, it will be open to the applicants to avail

appropriate remedy for redressal of their grievance,

as per law, after filing of the charge-sheet.

The criminal application is disposed in the above terms.

Pending application(s), if any, stand(s) disposed of.

                            (JUDGE)                                        (JUDGE)

ANSARI