Bombay High CourtWP/175/2022dismissed

Atikur Rehman S/O Mohammad Shafikur v. The State Of Mah. Thr. Pso Midc Malkapur Ps Malkapur Dist.Buldhana

2022-05-05Hon'Ble Shri Justice Avinash G. Gharote2 pages

43crwp175.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 175/2022 Aatikur Rehman Mohommad Shafikur Rehman..Versus...State of Maharashtra AND CRIMINAL WRIT PETITION NO. 193/2022 Aatikur Rehman Mohommad Shafikur Rehman..Versus...State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. Abdul Subhan, Advocate for petitioner Mr. A.R.Chutke, APP for Repsondent/State CORAM : AVINASH G. GHAROTE, J.

DATE : 05/05/2022 Heard Mr. Subhan, learned counsel for the petitioner.

The petitions challenge the order dated 9.4.2021 whereby the application for discharge filed by the petitioner under Section 227 of the Cr.P.C on the ground that the order of Section 3 of Essential Commodities Act has not been placed on record, has been dismissed.

A perusal of the impugned order would indicate that the learned Sessions Court has for the purpose of dismissing the application relied upon the decision of the Full Bench of this Court in Digamber Rodji Wankhede vrs. State of Maharahstra, 2019(4) Mh.L.J. 789, which holds that mere non-mention of a particular provision of an order or order issued under Section 3 of the Essential Commodities Act, 1955

43crwp175.22.odt by itself is not sufficient to quash and set aside the FIR, considering which, I do not find any merits in the petitions; the petitions are accordingly dismissed.

Needless to mention that in case any other ground is available, the petitioner is at liberty to avail any such ground as permissible in law.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: