Madhya Pradesh High Court
Mandelez India Food Ltd. (Cadbury India ... vs The State Of Madhya Pradesh Thr. on 2 December, 2015
MCRC-13109-2015
(MANDELEZ INDIA FOOD LTD. (CADBURY INDIA LTD.) Vs THE STATE OF MADHYA
PRADESH THR.)
02-12-2015
Parties through their counsel.
Present petition has been filed under Section 482 of the
Code of Criminal Procedure, 1973 for quashment of the
order dated 24.04.2015.
Facts of the case reveal that on the basis of some news
paper report published on 31.01.2014 and on 03.02.2014, proceedings were initiated under Section 133 of Cr.P.C. and an order was passed without recording the statement by the SDM. The same was challenged in a criminal revision i.e. Criminal Revision No.252/2015 and the learned Additional Session Judge, Gohad has set aside the order passed by the SDM and remanded the matter back to SDM for recording the statements.
Learned senior counsel has vehementally argued before this Court that purpose of Section 133 of Cr.P.C. is to prevent public nuisance and it is invoked only in cases registered for taking recourse immediately keeping in view irreparable damage likely to be caused. It has been further stated that the incident took place in the year 2014 and after two years, now proceedings are going to be initiated against the company.
This Court has carefully gone through the Section 133 of Cr.P.C. and is of the opinion that learned senior counsel has been able to make out a prima facie case for grant of interim relief.
Resultantly, the operation of the impugned order dated 24.04.2015 passed in Criminal Case No.252/15 shall remain stayed till the next date of hearing and all the further proceedings before the SDM shall also remain stayed.
Issue notice to the respondents on payment of P.F. within a week, failing which the M.Cr.C. shall stand dismissed without reference to this Court.
List the matter on 04.02.2015.
C.C. today itself.
(S.C.SHARMA) JUDGE