Court No. - 64
Case :- APPLICATION U/S 482 No. - 21488 of 2019 Applicant :- Ms. Shukla Wassan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Mishra Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard Sri G.S. Chaturvedi, learned Senior Counsel assisted by Sri Ashish Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the proceedings of Case no. 850/9/18, under Sections 18(1)/36(1), 49(1)(a)(b) of The Legal Metrology Act, 2009 (hereinafter "Act of 2009"), State Vs. Thirumalai and Others in the Court of Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar, P.S.- NewDelhi, District- Muzaffarnagar.
Contention is that in this case the summoning order was passed by court below ignoring the provisions of The Legal Metrology Act, 2009, because as per the Act, the penal provisions for imposing penalty upon the applicant will not be applicable. In support of his claim, learned counsel for the applicant has engaged attention of this Court to the contents of various documents brought on record by way of various annexures. It was claimed, inter-alia, that all the formalities required for opening the prosecution have not been complied with, when the complaint was moved against the applicant under the Legal Metrology Act, 2009.
Also heard the learned A.G.A.
Upon consideration of the entirey of the case, obviously immunity has been claimed from applicability of the provisions of Metrology Act on several counts, which counts need be examined and scrutinised by the lower court itself provided the applicant moves appropriate application before the court below within a period of one month from today and in case any such application is so moved, then the same shall be considered and disposed of after affording opportunity of hearing to all concerned.
In the meanwhile, no co-coercive action shall be taken and in case the application is so moved, then no coercive action shall be taken against the applicant till disposal of that application, provided the applicant cooperates in disposal of the same.
With the aforesaid observation, this application stands disposed of.
It is made clear that observation made in this order shall have no bearing on the merit of the case.
Order Date :- 29.5.2019 S Rawat