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Bombay High CourtWP/294/2024allowed

Yogish Chandra Tulasi v. The State Of Maharashtra Thr. Quality Control And Seed Inspector And Agriculture Officer Chandrapu

2024-04-23Hon'Ble Justice Urmila Joshi Phalke1 pages

2 Cr.WP-294-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.294 OF 2024 [Yogish Chandra Tulasi ..Vs.. The State of Maharashtra] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr V. Deshmukh, Advocate for Petitioner (thr. V.C.). Ms S. Dhote, APP for Respondent/State.

CORAM : M. W. CHANDWANI, J.

DATE : 23 rd APRIL , 202 4 .

.

Heard.

2.

The petition seeks quashing of SCC No.1893 of 2018, pending before the learned Judicial Magistrate First Class, Korpana.

3.

The contention is that the Seed Inspector and Extension Officer (Agriculture), Panchayat Samiti, Korpana, has not followed the proper procedure in drawing the sample and there is no compliance of mandatory provisions. It is also contended that the sample has not been left with the person from whom sample has been collected for getting it tested. The petitioner company himself got the seed tested and contrary finding is given.

4.

Issue notice to the respondent, returnable within two weeks. Ms Dhote, learned APP, waives notice on behalf of respondent/State.

5.

The Trial Court shall not insist the presence of the petitioner on the next date of hearing.

(JUDGE) Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 25/04/2024 11:45:56 TAMBE