Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37856 of 2018 Petitioner :- Ashish Goel And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mayank Yadav,Vivek Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioners and AGA for State.
The writ petition has been filed for quashing the FIR dated 31.8.2018 registered as Case Crime No. 192 of 2018, under Section 3/7 Essential Commodities Act, 1955, P.S. Lalkurti, Distt. Meerut and for mandamus directing the respondents not to arrest the petitioner in the aforesaid case crime number.
In the FIR, the allegation has been made that by using one Aadhar card number of times, the essential commodities has been misappropriated by the petitioner, who is licensee of Fair Price Shop. The FIR discloses the cognizable offence as such it is not liable to be quashed at this stage.
Earlier in some cases, this Court had dismissed the writ petitions and declined to grant even interim relief to the petitioners from arrest till submission of police report under Section 173 (2) Cr P C but the order of this Court had been challenged before Supreme Court and the Supreme Court had reversed the order of this Court.
In compliance of the order of Supreme Court the same order is passed by this Court. We pass the following directions:-
(i) The petitioner shall not be arrested in connection with FIR dated 31.8.2018 registered as Case Crime No. 192 of 2018, under Section 3/7 Essential Commodities Act, 1955, P.S. Lalkurti, Distt. Meerut, till the investigation is complete.
(ii) If, after the investigation, the Police finds substance in the allegation and files 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 observation, the writ petition is disposed of.
Order Date :- 21.12.2018 mt