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2019 Supreme(MP) 732

SHAILENDRA SHUKLA
GAURAV KHANDELWAL – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pushyamitra Bhargava
For the Respondent: Yogesh Kumar Gupta, Kamal Airen

JUDGMENT :

1. Submissions were made on admission of this petition filed under section 482 of the Code of Criminal Procedure (in brief “the Code”).

After hearing learned counsel, the same is admitted for final hearing.

Final submissions of both the counsel on petition under section 482 of the Code were made.

2. As per the petitioners, Respondent No. 1 in utter violation of provisions of the Legal Metrology Act, 2009 has registered a criminal case under section 420 of Indian Penal Code against the petitioners and filed charge-sheet before the Judicial Magistrate, First Class, Badnawar, District Dhar. Section 51 of the Legal Metrology Act, 2009 provides that the provisions of Indian Penal Code and Criminal Procedure Code, in so far as they relate to the offences with regard to weight and measures shall not be applicable and in spite of such explicit provision, a criminal case has illegally been registered against the petitioners. Therefore, petition under section 482 of the Code has been filed seeking quashment of FIR and all further consequential proceedings.

3. As per the fact of the case, petitioner No. 1 is a Contractor and is into the business of Weigh Bridges. The petitioner No. 2 is

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