SANJAY NENSUKHLAL KATARIYA AND ANR. Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-10-250
HIGH COURT OF BOMBAY
Decided on October 09,2017

Sanjay Nensukhlal Katariya And Anr. Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

S.S.SHINDE,A.M.DHAVALE,J. - (1.) Rule. Rule returnable forthwith. With the consent of parties, heard finally at the stage of admission.
(2.) This is petition under Article 226 of the Constitution of India and under section 482 of Cr. P.C., 1973 for quashing of Order dated 28.11.2016 in R.C.C. No.89 of 2003 before Judicial Magistrate, First Class, Court No.1, Ahmednagar and for quashing of the entire proceedings in R.C.C. No.89 of 2003 and 57 of 2004.
(3.) Heard learned Advocate Mr. R.R. Mantri for the petitioners and Mr. M.M. Nerlikar, learned A.P.P. for State. Perused the record produced. The F.I.R. at R.C.C. No.89 of 2003 was filed in the Court of Judicial Magistrate, First Class, Ahmednagar against 34 accused persons, including the applicant no.1 Sanjay and applicant no.2 Vijay (accused nos.1 and 3 respectively) for offences punishable under Sections 465, 467, 420 read with Section 34 of Indian Penal Code and under Sections 18 (a) (vi), 18 (e) read with Section 65 (5) (1) 65 (5) (3) of the Drugs and Cosmetics Act 1940. It was initiated on the basis of F.I.R. lodged by one Deelip Jagtap and Inspector under Drugs and Cosmetics Act. The main allegation seems to be that the petitioners are partners of a licenced medical shop namely M/s Vijay Medico at Old Bazar, Ahmednagar. They sold to accused nos.4 to 34 injection 'Oxitocin' by issuing a bill for 'Zaroor' W Condoms. Thus, they have prepared false bills and they have cheated the government and public and also committed offences under the Drugs and Cosmetics Act. The accused nos.1 and 2 filed application Exh.99 before the learned Judicial Magistrate, First Class, Ahmednagar. It is contended therein that Vijay Medicos was a partnership firm and accused nos.1 and 2 were partners thereof.;


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