JUDGMENT :

Manish Pitale, J.

The present reference has arisen by order dated 16/03/2019, passed by Division Bench of this Court and the question for consideration is found in paragraph-11 of the said order. The said question is being reframed for the sake of convenience, as follows :

“Whether mere non-mention of a particular provision of an “Order” or “Order” issued under section 3 of the Essential Commodities Act, 1955, by itself is sufficient to quash and set aside a first information report (FIR) registered for offence punishable under section 7 read with section 3 of the said Act, so as to stop further investigating into the matter?”

2. While referring the said question, the Division Bench of this Court has taken into consideration an earlier order of another Division Bench of this Court in the case of Santosh Mangilal Gupta v. State of Maharashtra and another (Judgment and order dated 26/07/2013 in Criminal Application (APL) No.301 of 2013), wherein by relying upon judgment of the Hon'ble Supreme Court of India in the case of Prakash Babu Raghuvanshi v State of M.P., reported in (2004) 7 SCC 490, the Division Bench quashed an FIR, registered for offence under the provisions of the