Bombay High Court
Dr. Sunil Kumar Alagh vs Union Of India And Anr on 22 February, 2022
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.02.24 12:57:50
CHITNIS +0530
10,11,12-wp.559-561.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.559 OF 2022
Indofil Industries Limited
(erstwhile Indofil Chemical Company) ...Petitioner
Versus
Union of India and Anr. ...Respondents
WITH
CRIMINAL WRIT PETITION NO.560 OF 2022
Dr. Sunil Kumar Alagh ...Petitioner
Versus
Union of India and Anr. ...Respondents
WITH
CRIMINAL WRIT PETITION NO.561 OF 2022
Narendra C. Rane ...Petitioner
Versus
Union of India and Anr. ...Respondents
Mr. Abhad Ponda, Senior Counsel a/w Mr. Sujit Lahoti i/b Sujit Lahoti
and Associates, for the Petitioners.
Mr. A. R. Patil, A.P.P for the Respondent No.2- State in WP/559/2022.
Ms. Anamika Malhotra, A.P.P for the Respondent No.2- State in
WP/560/2022.
Mr. A. D. Kamkhedkar, A.P.P for the Respondent No.2- State in
WP/561/2022.
N. S. Chitnis 1/3
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10,11,12-wp.559-561.2022.doc
CORAM : REVATI MOHITE DERE, J.
DATE : 22nd FEBRUARY 2022 P.C. :
1. Heard learned senior counsel for the petitioners.
2. By these petitions, the petitioners have impugned the order dated 16th November 2021, passed by the learned Additional Chief Metropolitan Magistrate, 22nd Court, Andheri, Mumbai, in C.C. No.5104/SS/2019, by which, the learned Judge was pleased to issue process as against the petitioners under Sections 17 and 18 r/w Section 29 of the Insecticides Act, 1968.
3. Learned Senior Counsel for the petitioners submits that the complaint filed by the respondent No.1 was beyond limitation. He submits that the alleged offence is stated to have taken place during the period January 2012 to July 2016 and having regard to the provisions of the Insecticides Act and the Code of Criminal Procedure, the complaint ought to have been filed in 2017. He submits that the present complaint which is impugned in the aforesaid petitions has been filed beyond limitation i.e. in 2019. Learned Senior Counsel for the petitioners relied on the order of N. S. Chitnis 2/3 ::: Uploaded on - 24/02/2022 ::: Downloaded on - 24/02/2022 22:10:01 ::: 10,11,12-wp.559-561.2022.doc this Court in the case of Indofil Chemicals Company, Bombay and Others v/s Kunwarsingh Madhaosingh Mahane and Another 1, wherein a similar complaint filed against the petitioner - Indofil Chemicals Company was quashed on the ground of limitation.
4. Issue notice to the respondents, returnable on 28 th March 2022.
Learned APP waives notice on behalf of the respondent No.2-State. In addition to the Court notice, petitioners to serve the respondent No. 1, by private notice and file affidavit of service before the next date.
5. Learned Counsel for the petitioners to supply spare copies in the Registry on or before 25th February 2022, so as to enable the Registry to issue notice to the respondent No.1.
6. In the meantime, till the next date, there shall be ad-interim relief in terms of prayer clause (b), in all the aforesaid petitions.
REVATI MOHITE DERE, J.
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