PADMAKAR HARIBHAU MULEY Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2007-2-115
HIGH COURT OF BOMBAY
Decided on February 26,2007

PADMAKAR HARIBHAU MULEY Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

A. P. Lavande, J. - (1.)Heard Mr. Deshpande, learned Counsel appearing on behalf of the applicants and Mr. Mirza, learned A. P. P. appearing on behalf of the respondent.
(2.)The applicants by this application under section 482 of the Code of Criminal Procedure assail the judgment and order dated 5. 11. 2004 passed by the Additional Sessions, Darvha in Criminal Revision No. 34/ 2004 dismissing the Revision Application against the order dated 24. 6. 2003 passed by the Judicial Magistrate, First Class, digras in Regular Criminal Case No. 129/ 97 rejecting the application filed by the applicants for discharge.
(3.)The facts leading to filing of the present application are as under:-Pursuant to the complaint filed by 44 agriculturists stating that cotton crop had failed due to defective quality of cotton seeds purchased by applicant No. 1 and sold by applicants 2 to 5 the matter was investigated by Enquiry Committee who in turn submitted the report to the Police Station officer at Digras. Based on the said report investigation was taken up by Officer Incharge of Digras Police Station and charge-sheet was filed against the applicants for the offence punishable under section 420 read with section 34 of the Indian Penal code. In Regular Criminal Case No. 129/ 97 the applicants challenged the prosecution on the ground that the police had no authority to investigate the matter and file charge-sheet in view of Rule 23-A (2) of the seeds Rules, 1968. The Magistrate dismissed the objection and the Revisional court also maintained the order passed by the Magistrate.


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