VISHAL MISHRA
GAHOI GRAH UDDHYOG – Appellant
Versus
STATE OF M. P. – Respondent
ORDER/JUDGMENT – Shri Harshad Bahirani, learned counsel for the petitioner.
Shri Jitesh Sharma, learned Govt. Advocate for the respondent/State.
With the consent of learned counsel for the parties, the matter is finally heard.
The present petition is being filed by the petitioner seeking following reliefs :
“A. That the impugned action of the respondents whereby the petitioner premises has been locked may kindly be quashed and direction may kindly be issued to the respondent for unlocking the premises immediately. B. That further direction may kindly be given to the respondents that the FIR registered against the petitioner at Crime No. 99/2021 may kindly be quashed. C. That petitioner premises has been lock since long just because of arbitrary action of respondents so, from locking the premises and till unlocking the compensation rupees 25 lakhs rupees may kindly be awarded against the respondent authority. D. That other relief which is deems fit may kindly be awarded in favour of the petitioner.”
2. Learned counsel for the petitioner submits that the petitioner is running the floor mill in the name and style of Gahoi Grah Uddhyog in Transport Nagar, Gwalior and the petitioner has
The authorities' action in locking the premises was unjustified, and the court directed them to consider and decide the representation of the petitioner for unlocking the premises.
The Food Safety Officer lacks authority to seal premises without adhering to statutory provisions, as established under the Food Safety and Standards Act, 2006.
Disobedience to order duly promulgated by public servant - When investigation is still at initial stage, courts should not hasten to interdict investigation.
(1) Bar as prescribed by Section 195 Cr.P.C is only with regard to taking of cognizance and it does not restrict statutory power of Police to register FIR and investigate the same.(2) Quashing of a c....
The main legal point established in the judgment is that police have no authority to seize immovable property under Section 102 of Cr.P.C and that the jurisdiction of police to seize vehicles under S....
Point of law : Interfering with the sealing/closing of the Petitioners’ factory premises would not effect or hamper the investigation so carried out.
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