The State Of Madhya Pradesh vs M/S Sharma Namkin Sendhwa
2023 Latest Caselaw 323 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                               ON THE 5 th OF JANUARY, 2023
                                          MISC. CRIMINAL CASE No. 9769 of 2022

                           BETWEEN:-
                           1.    THE STATE OF MADHYA PRADESH COLLECTOR /
                                 DISTRICT    MAGISTRATE     COLLECTORATE
                                 BARWANI THROUGH NYAY NIRYANAK ADHIKARI
                                 UPER    COLLECTOR,   DISTRICT   BARWANI
                                 (MADHYA PRADESH)

                           2.    SHRIMAN      KHADYA    SURAKSHA    AYUKT
                                 KARYALAY KHADYA EVM AUSHDY PRASHASAN
                                 IDGA HILS, BHOPAL (MADHYA PRADESH)

                           3.    ABHIHIT ADHIKARI EVM UP SANCHALAK
                                 KHADYA EVM AUSHDY PRASHASAN MEDICAL
                                 COLLEGE CAMPUS, INDORE (MADHYA PRADESH)

                           4.    SHRI    R.   G.   MAUTA KHADYA SURAKSHA
                                 A D H I K A R I KARYALAY   EVM   AUSHDY
                                 PR AS HAS AN , DISTRICT BARWANI (MADHYA
                                 PRADESH)

                                                                                       .....APPLICANTS
                           (BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER)

                           AND
                           1.    M/S SHARMA NAMKIN SENDHWA SHRI RAVI
                                 SHARMA S/O GIRVARDAYAL SHARAMA R/O A.B.
                                 ROAD SENDHWA, DISTRICT BARWANI (MADHYA
                                 PRADESH)

                           2.    P R O . SHRI GIRVARDAYAL S/O MUSADDILAL
                                 SHARMA, AGED ABOUT 53 YEARS, OCCUPATION:
                                 BUSINESS SHYAMDAS COLONY, SENDHWA,
                                 DISTRICT BARWANI (MADHYA PRADESH)

                                                                                     .....RESPONDENTS


                                 This application coming on for admission this day, the court passed the
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 06-01-2023
10:44:09
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                           following:
                                                                ORDER

T he applicants have filed this leave to appeal under Section 378(3) of Co d e of Criminal Procedure being aggrieved by the impugned order dated 18/11/2021 passed by Food Safety Appellate Tribunal, Barwani by which the Tribunal has acquitted the respondents and reversed the judgment of conviction passed by Additional Collector, Barwani by which fine of Rs.1,00,000/- under Section under Section 52 of Food Safety and Standards Act, 2006 has been imposed upon respondents.

After hearing learned counsel for the applicants and from perusal of the

impugned order as well as record of the trial Court, the criminal appeal appears to be maintainable. Therefore, instant leave to appeal is allowed and Registry is directed to register the appeal as regular Criminal Appeal.

Let notice be issued to the respondents on payment of process fee within 07 working days. Notices be made returnable within eight weeks.

Certified copy as per rules.

(ANIL VERMA) JUDGE Akanksha

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 06-01-2023 10:44:09