HARISH GIRDHARLAL SARDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973, lays a challenge to the maintainability of First Information Report dated 07.05.2013 registered at Police Station, Chimur district - Chandrapur, vide Crime No.3011 of 2013 for offences punishable under Sections 55, 63 and 34 of the Food Safety and Standards Act, 2006 (for short "the Act of 2006") read with Rules 2, 3 18 (17) of the Food Safety and Standards (Prevention and Restrictions on Sales) Rules, 2011 read with Section 188 of the Indian Penal Code and further prays to quash and set aside the order dated 06.04.2013 passed by the non-applicant no.2. The applicant being aggrieved by initiation and continuation of above proceedings, prays for quashing thereof.

(2.) This Court on 22.9.2014, issued Rule and continued interim relief granted on 22.07.2014 directing the non-applicants not to take coercive steps against the applicant.

(3.) Pending the present application, Intervenor filed Criminal Application No.1624 of 2017 seeking permission to intervene in the present proceedings. In the said application, it is stated that the Intervenor is an Association of R.O. Chilled Water Manufacturers Welfare Association. It is stated that the Intervention Application filed by the Packaged Drinking Water Manufacturers Welfare Association, Nagpur, has been allowed in the present case. The Intervenor - Association has already filed Writ Petition No.4343 of 2017 in which notices are issued, wherein various issues relating to the provisions of the Act of 2006, Rules and Regulations are involved. Therefore, it is prayed that the Association be permitted to intervene in the present matter. The non-applicant nos.2 and 3 have opposed intervention application.