Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 36887 of 2018 Petitioner :- Anwar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Singh,Akshaivar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A for the State.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 22.09.2018 registered as Case Crime No. 924 of 2018, under Section 3/7 of Essential Commodity Act, P.S.- Devband, District- Saharanpur.
It is submitted by the learned counsel for the petitioner that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same. However, considering the peculiar facts and circumstances, we direct that :-
(i) The petitioner shall not be arrested in connection with Case Crime No. 924 of 2018, under Section 3/7 of Essential Commodities Act, P.S.- Devband, District- Saharanpur, till the investigation is complete.
(ii) If, after the investigation, the Police finds substance in the allegation and files the requisite charge-sheet, the petitioner shall appear on the date in question when the charge-sheet is taken up for consideration by the concerned Court. The police shall appropriately issue notice to the petitioner and ensure his presence on the requisite date.
(iii) In such eventuality, the petitioner shall keep the application for bail ready, which will be taken up for hearing by the concerned Court immediately.
(iv) The concerned Court shall consider the matter purely on merits. If the offence is made out, appropriate order shall be passed.
Needless to mention that the petitioner shall extend complete cooperation with the investigating machinery during the investigation and if there be any infraction or violation, the concerned court shall be approached for consequential directions.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 18.12.2018
AK Pandey