Court No. - 42
Case :- APPLICATION U/S 482 No. - 23143 of 2019 Applicant :- Diwakar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kumar Tripathi,Anupama Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 26.11.2018 as well as the entire proceedings of Case Crime No. 375 of 2018, under Sections-3/7 Essential Commodities Act, 1955, under Section 66-A Information Technology Act and under section 420 I.P.C., Police Station Noorpur, District Bijnor, pending in the court of A.C.J.M.-I, District Bijnor.
It is contended by learned counsel for the applicants that during investigation the Investigating Officer moved an application for issuing N.B.W., which has been allowed. He further contended that the said order cannot be passed during investigation in support of his contention he has relied upon the judgement of Apex Court reported in (2000) 10 SCC 438 : State through CBI Vs. Dawood Ibrahim Kaskar and others.
In view of the above, the impugned order dated 26.11.2018 passed by the court below is hereby quashed. The Investigation shall proceed in accordance with law.
With the aforesaid observations, this application is disposed of.
Order Date :- 24.6.2019 Ruchi Agrahari