D.S.SETH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an Application under Section 482 of the Code of Criminal Procedure and also under Article 227 of the Constitution of India challenging issue of process in Criminal Case No.75 of 1988 on the file of the Chief Judicial Magistrate, Bhivajinagar Court, Pune. Heard the learned Counsel for the Applicant, learned A.P.P. for Respondents Nos. 1 and 2. None have appeared for Respondents Nos. 3 and 4.

(2.) THE prosecution case is as follows :

(3.) THE learned Counsel for the Applicants has challenged the correctness and legality of the issue of process by the learned Magistrate. It was argued that even on a bare reading of the complaint, no offence is made out by the Applicants and therefore, the issue of process is liable to be quashed and set aside. It was submitted that the complaint was filed in 1988 after long lapse of time and by that time, the expiry date of the injection had come to an end by lapse of time. The accused persons for the opportunity of getting the sealed samples tested by a senior officer as provided in section 25 of the said Act. On the other hand, the learned A.P.P. appearing for Respondent Nos. 1 and 2 has supported the issue of process and submitted that there are no merits in the two contentions.