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2017 Supreme(Bom) 1925

S.S.SHINDE, MANGESH S.PATIL
Ramnarayan S/o Bansilal Mundada – Appellant
Versus
State of Maharashtra, through Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Mr. D.S. Bharuka.
For the Respondents: Mr. D.R. Kale and Mr. S.R. Dheple.

JUDGMENT :

S.S. SHINDE, J.

1. Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the parties.

2. This Petition is filed with following prayers:

"(B) The Charge-sheet bearing R.C.C. No. 384/2015 pending before the learned Judicial Magistrate, First Class, Paithan may kindly be quashed and set-aside and Petitioner, who is arrayed as Accused No. 1 in the Charge-sheet may kindly be discharged.

(C) Order of issue of process, if any, against the Petitioner may kindly be quashed and set-aside."

3. The brief facts giving rise to this Petition are as under:

(a) It is the case of the Petitioner that he is dealing in business of different seeds, fertilizer and other agriculture items since more than 20 years in the name and style as "Rameshwar Krushi Seva Kendra" Paithan. It is submitted that on 9th June, 2015, Respondent No. 2 visited shop of the Petitioner and he satisfied himself that the Petitioner was selling the seeds as per Government Regulation dated 8th June, 2015 at the rate of Rs. 830/- per bag and issuing purchase bills. Thereafter Respondent No. 2 left the shop of the Petitioner and again after 15 minutes came back to the shop. A





































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