Samiullah Khan Azmathullah Khan v. The State Of Maharashtra Thr. P.S.O., P.S. Khandala, Dist. Yavatmal And Another

1 916.apl.1371.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 1371/2024 Samiullah Khan Azmathullah Khan Vs.

State of Maharashtra and Anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. A. Mohta, Advocate for Applicant.

Ms M. H. Deshmukh, A.P.P. for Non-applicants/State. CORAM : VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ .

DATED : 24/09/2024.

.

Heard.

2.

This is an application seeking to quash First Information Report vide Crime No.0024/2024 registered with Police Station, Khandala, District Yavatmal for the offences punishable under Sections 26(2), 27(3) and 30(2) (a) of the Food Safety and Standards Act, 2006 and Sections 188, 328 and 273 of the Indian Penal Code, 1860. 3.

It is the applicant's contention that as per First Information Report, the seized material was sold by the applicant at Adilabad, Telangana State. According to the applicant, there is no prohibition in the State of Telangana and thus, the offence has not been made out against him. 4.

Issue notice to the non-applicants, returnable after six weeks.

5.

Learned A.P.P. waives service of notice for nonapplicants/State.

2 916.apl.1371.24 6.

In the meantime, the investigation may go on, but charge-sheet shall not be filed against the applicant without leave of this Court.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 25/09/2024 11:41:50