Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3100 of 2021 Petitioner :- Ashok Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Singh Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 20.2.2021 registered as Case Crime No.0063 of 2021 for the offence under Sections 3, 7 Essential Commodities Act, 1955, Police Station Bhojpur, District Muradabad.
The link was supplied to the counsel for petitioner but he has absented himself. We have heard learned AGA Sri N.K. Srivastava through video conference.
The factual data goes to show that the petition can not be entertained as there are several disputed questions of facts which require to be investigated such as whether the petitioner was present at the office of the company named as Dev Arpan Food Pvt. Limited; whether he is a Ration Dealer; and there is no offence committed by him. All these dispute question of fact cannot be sifted in exercise of power under Article 226 of the Constitution of India.
We are convinced by the submission made by counsel for State that this is a fit case for dismissal and we should not show indulgence. Accordingly, the petition is devoid of merits.
The petitioner, if chooses, which is his right, may apply for any other alternative remedy available to him except the petition under Section 482 Cr.P.C..
With these observations, this petition stands dismissed.
Order Date :- 11.5.2021/Mukesh