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2016 Supreme(Bom) 401

B.R.GAVAI, A.S.CHANDURKAR
Dhanraj – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Shri R.M. Daga, for the applicants
Shri J.Y. Gurde, APP for State

JUDGMENT :

A.S. Chandurkar, J.

Admit. Heard finally with consent of learned counsel for the parties.

By the present application filed under Section 482 of the Code of Criminal Procedure, 1972, the applicants seek quashing of the First Information Report registered against them under the provisions of Sections 3 and 7 of the Essential Commodities Act, 1955 (for short, the said Act).

2. Shri R.M. Daga, the learned counsel for the applicant submitted that in the First Information Report there is no reference whatsoever made to breach of any order that has been made under Section 3 of the said Act. It is submitted that unless there is breach of any order that has been made under Section 3 of the said Act, there would be no question of any violation of such order to result in an offence being committed under Section 7 of the said Act. He submits that a specific ground has been raised by him in the present application that as no order has been made under Section 3 of the said Act, there was no question of its violation. The learned counsel has placed reliance on the judgment of Division Bench in Rakesh s/o Mahendrakumar Jain vs. The State of Maharashtra 2014 AllMR (Cri) 3144. It is therefore





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