M/S. Padma Roadways And ORS. v. The State Of Maharashtra And ORS

912 wp 2487-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2487 OF 2015 M/s. Padma Roadways & Ors.

..Petitioners v/s.

The State of Maharashtra & Anr.

..Respondents Mr. P.A.Pol i/b. Pol Legal Juris for the Petitioner. Mr.S.K.Shinde, PP a/w. Mr.K.V.Saste, APP for the Respondent/State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : JULY 22, 2015.

P.C.

1.

Mr.Pol, learned Counsel for the petitioner at the outset makes a statement that he is not pressing the relief claimed in prayer clause (a-ii). Statement accepted.

2.

So far as the relief claimed in prayer clause (a-i) is concerned, the petitioner is challenging the order dated 11.6.2015 passed by the Metropolitan Magistrate, 5th Court, Dadar, rejecting Criminal Misc. Application No.607 of 2015. This order pertains to the jurisdiction pps

912 wp 2487-15.doc of learned Single Judge. We are, therefore, not inclined to interfere in the same. Petitioner is however at liberty to challenge the same before the learned Single Judge.

3.

So far as the relief claimed in prayer clause (a-iii) is concerned, the petitioner has challenged simplicitor show cause notice dated 29.5.2015 issued by the respondent no.3 under Section 6(b) of the Essential Commodities Act and therefore we are not inclined to grant said relief since the petitioner has already filed reply to the said show cause notice. Suffice it to direct the respondent no.3 to take decision in this regard as early as possible and within period of one week from the date of receipt of this order.

4.

Ordered accordingly.

5.

Subject to above, petition is dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps