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2024 Supreme(Bom) 64

SHYAM C. CHANDAK, A. S. GADKARI
Sivadasan Kunju Nair – Appellant
Versus
Shashikant Laxman Waghmare – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shirish Gupte, Sr. Counsel with Mr. Subodh Desai i/b Bachubhai Munim and Co.
For the Respondents: Mr. J. P. Yagnik App.

JUDGMENT :

(A.S. Gadkari, J.) :

1. The Petitioner-Senior Executive of M/s.Agricore Commodities Private Limited has prayed for a writ of mandamus or any other appropriate writ or direction in the nature of mandamus for quashing and setting aside C.R. No.3021 of 2015 registered with Panvel Taluka Police Station, District Raigad under Sections 3, 7, 8 and 10 of the Essential Commodities Act, 1955 (for short “said Act”) lodged by Respondent No.1 i.e. Supply Inspection Officer/Rationing Officer, Tahasil Office, Panvel, District Raigad.

2. Heard Mr.Gupte, learned Senior Counsel for the Petitioner and Mr.Yagnik, learned A.P.P. for the Respondent-State. Perused entire record produced before us.

2.1 Record indicates that, by an Order dated 1st December, 2014 ad-interim relief i.e. not to file the charge-sheet in the present case was granted in favour of the Petitioner and by an Order dated 1st February, 2019 the Petition was admitted by confirming the said relief as interim relief.

3. The First Information Report is lodged by the Respondent No.1, who was working as Supply Inspector Officer/Rationing Officer, Tahasil Office, Panvel, District Raigad on the date of lodgement of the crime. It is the

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