SAKET GORE Vs. ABA DHAVALU BAGUL

JUDGEMENT

(1.) Heard Mr. Shirish Gupte, the learned Senior Counsel with Mr. Prakash naik for the Petitioners and Mr. D. P. Adsule, the learned A. P. P. for respondent Nos. 1 and 2.

(2.) The petitioners are seeking quashing of process issued under sections 23 (1) and 33 of the Standards of Weights and measures (Enforcement) Act, 1985, by the learned Ilnd Jt. Judicial Magistrate, F. C. , Nasik in Criminal Case No. 4293 of 2001. The said applications have been preferred before the judicial Magistrate, F. C. , Nasik. The said applications have not yet been decided. However, in view of the decision of the Apex court in the case of Adalat Prasad Vs. Rooplal Jindal and others, 2004 (4) Mh. L J. 274 : [2004 ALL MR (Cri. ) 3131 (S. C. ) ], the leaned Magistrate would not have the power to recall the process and hence, there is no question of the said applications being allowed. It is in these circumstances that the petitioners have approached this Court.

(3.) No doubt it is always open to the petitioners to approach this Court under Section 482 of Code of Criminal Procedure. However, in my opinion, the petitioners have an efficacious alternate remedy i. e. of preferring a revision before the Sessions Court against the order of the Magistrate issuing process. Hence, I expressed the view that it would be more appropriate that the petitioners should prefer revision before the concerned Sessions court for quashing of the order issuing process.