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april 2009

Supreme Court of India · 2009-04-28

State Of Gujarat & Anr vs Rameshchandra Shivratan Kosar & ...

Citation / case number
AIR 2009 SC (SUPP) 2782
Court
Supreme Court of India
Petitioner
State Of Gujarat & Anr
Respondent
Rameshchandra Shivratan Kosar & ...
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Gujarat High Court erred in quashing proceedings under Section 482 of the Code of Criminal Procedure, 1973, concerning complaints under Section 16 read with Section 7(1) and 7(5) of the Prevention of Food Adulteration Act, 1954. The Court emphasized that the High Court did not adequately consider the factual controversies involved, which could not be resolved in a Section 482 proceeding. Consequently, the Supreme Court set aside the High Court's order and allowed the appeals, clarifying that the intervention was based on procedural grounds, not on the merits of the case.

State Of Gujarat & Anr vs Rameshchandra Shivratan Kosar & ... · Niyam