Criminal Writ Petn. No. 755 of 1991. Case: P. V. Natu Vs Ganpat Dayaram Kajbaje and others. High Court of Bombay (India)
| Case Number | Criminal Writ Petn. No. 755 of 1991 |
| Counsel | For Petitioner: R. S. Apte, Adv. and For Respondents: N. Y. Gupte, Adv. and For State: Dinesh Adsule, A.P.P. |
| Judges | T. K. C. Das, J. |
| Issue | Prevention of Food Adulteration Act (37 of 1954) - Section 16(1)(e) |
| Citation | 1998 CriLJ 4745 |
| Judgement Date | September 16, 1998 |
| Court | High Court of Bombay (India) |
Order:
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The petitioner being the Food Inspector of Thane Municipal Corporation filed a complaint before the Chief Judicial Magistrate, Thane against the Respondents 1 and 2 under Section 16(1)(e) of Prevention of Food Adulteration Act alleging the adulteration of Deshi Butter by them. The Chief Judicial Magistrate, Thane in Criminal Case No. 2163/83 taking cognizance of the complaint had issued summons to the Respondents 1 and 2. It appears that an application has been moved by the Respondents 1 and 2 before the learned Magistrate contending that at the instance of Deshi Makkhan Vyapari Sangh, Suit No. 284/66 which was originally filed in Bombay High Court in its Ordinary Original Civil Jurisdiction and subsequently transferred to Bombay City Civil Court and renumbered as Suit No. 7491/71, wherein the Union of India, State of Maharashtra, Municipal Corporation of Greater Bombay and Central Committee for Food Standards through its Secretary are impleaded as the defendants. It is further contended in the application that by order dated 31-3-1967, an injunction was obtained in that suit restraining the defendants therein from proceeding further with the prosecution launched and to be launched in future against the members of the Sangh. Respondents further urged before the Magistrate that the Magistrate should adjourn the case sine die. The Magistrate by his order dated 3-11-1989 rejected that application and decided to proceed with the matter, on the ground that the Municipal Corporation, Thane is not a party to the injunction order, and the injunction order is not binding on it. Against this order, the Respondents 1 and 2 filed a Criminal Revision Application No. 21/90 before the Sessions Judge, Thane. The said revision was allowed and the order of the learned Magistrate was set aside. The Revisional Court has issued a direction to postpone the Criminal Case No. 2163/83 from time to time so long as the injunction in Civil Suit No. 7491/71 pending in the City Civil Court. The said order of the Revisional Court is under challenge in this Writ Petition.
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Heard counsel for the petitioner Shri R. S. Apte and the counsel Shri N. Y. Gupte for the Respondents 1 and 2 and Shri Dinesh Adsule A.P.P. For State: On a reading of the revisional order, I find that the stand taken by the revisional Court was quite erroneous. Admittedly the Thane Municipal Corporation is not a party to the suit. Therefore the injunction order passed in the aforesaid suit...
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