SHANKAR DIWANJI PAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the matter finally by consent of the learned counsels appearing for the parties.

(2.) This application seeks quashing of first information report registered vide Crime No. 141 of 2016 in Police Station Deori, District Gondia, against the applicants for the offence punishable under Sections 420 , 406 of Indian Penal Code, Section 3(2)(d) of the Essential Commodities Act, 1955, Section 7(b) of the Seeds Act, 1966, Rule 13(1) of the Seeds Rules, 1968 and Section 8(a) of the Seeds (Control) Order, 1983.

(3.) Shri Abhay Sambre, learned counsel appearing for the applicants has urged that the registration of the offence against the applicants is made by way of counter- blast, as one of the accused in the present crime had levelled corruption charges against the then Sub Divisional Agriculture Officer Shri Yuvraj Sahare. It is also urged that the valuable right of the applicants under Section 16(3) of the Seeds Act to get the sample tested for its quality from the Central Seed Laboratory has been seriously hampered, as the prosecution is proposed to be instituted against them on the basis of the first information report in question. The applicants have placed reliance upon the decision of the learned Single Judge of this Court in case of Korra Srinivas Rao s/o Krishnamurthy and anr vrs. State of Maharashtra and others, reported in 2002 (4) Mh.L.J 368 and the decision of the another learned Single Judge of this Court in case of Managing Director, Mahyco Seeds Limited and ors vrs. State of Maharashtra, reported in 2015 ALL MR (Cri) 2134.