Court No. - 53
Case :- APPLICATION U/S 482 No. - 4411 of 2019 Applicant :- Bachchu Singh (Fair Price Shop Dealer) Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Janam Shahi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This Application U/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Case No.2778 of 2018 (State vs. Bachchu Singh) arising out of Case Crime No.0555 of 2016, under section 3 & 7 of Essential Commodities Act, 1955, PS. Mirzapur, District Shahjahanpur and further prayer is to stay the proceeding of the aforesaid case.
Learned counsel for the applicant contended that after enquiry, Tehsildar found that there is no deficiency in the stock and accordingly no offence is made out against the applicant.
Per contra, learned A.G.A. contended that there is no infirmity or illegality in the impugned orders passed by the trial court.
The applicant has filed Criminal Misc.Writ Petition No.21873/2016 (Bachchu Singh Kotedar vs. State of U.P. and two others) in which Divsion Bench of this Court has held that cognizable offence has been made out against the applicant, hence the prayer for quashing of the First Information Report was refused.
All the submissions made at Bar relates to the disputed question of fact which cannot be decided by this Court in exercise of extraordinary jurisdiction.
Accordingly this Application U/s 482 Cr.P.C. is dismissed.
However, if the applicant surrenders before the court concerned and applies for bail, his bail application shall be decided expeditiously in accordance with law.
Order Date :- 21.2.2019/Rk