LAWS(BOM)-2024-3-36

RANJITSINH H. N. NIMBALKAR Vs. STATE OF MAHARASHTRA

Decided On March 05, 2024
Ranjitsinh H. N. Nimbalkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India calls in question the legality, propriety and correctness of an order dtd. 20/8/2022, passed by the learned Additional Sessions Judge, Sangli, in Criminal Revision Application No.52 of 2018, whereby the learned Additional Sessions Judge was persuaded to dismiss the revision application preferred by the petitioners against an order passed by the learned Chief Judicial Magistrate, Sangli of issue of process against the petitioners for the offences punishable under Sec. 59 read with 26(2)(i),3(1)(zz)(v), 26(2) (v) and 63 read with 31(1) of the Food Safety and Standards Act, 2006 ('the Act, 2006').

(2.) Background facts leading to this petition can be stated in brief as under:

(3.) Being aggrieved, the petitioners preferred Criminal Revision Application No.52 of 2018. By the impugned order, the learned Additional Sessions Judge was persuaded to dismiss the revision opining, inter alia, that the question as to whether there was compliance of the mandatory requirements prescribed under the Act is a matter for trial and the learned Magistrate was not required to delve into those aspects at the time of issue of process.