Court No. - 26
Case :- APPLICATION U/S 482 No. - 11887 of 2004
Applicant :- Dori Lal
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hemendra Pratap Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the entire proceedings of the Case No. 781 of 2001 (State Vs. Dori Lal) under Sections 420 of I.P.C. and Section 3/7 E.C. Act, Police Station Tappal, District Aligarh, pending before the Court of Economic Offences/Additional Chief Judicial Magistrate, Aligarh.
The applicant was a fair price shop agent in village Palar, Police Station Tappal, District Aligarh.
It appears that the opposite party no. 2 Gram Pradhan, Badlu Ram submitted an application under Section 156(3) of Cr.P.C. before the Court of Economic Offences /Additional Chief Judicial Magistrate, Aligarh for registering a case against the applicant for the charge of black marketing of essential commodities which was supplied to the applicant for distribution to the card holders of the fair price shop. Thereafter, F.I.R. was registered under Section 420 of I.P.C. and Section 3/7 of E.C. Act, against the applicant and on investigation, the charge sheet was submitted by the Police on 5.10.2000.
Applicant has challenged the charge-sheet. It is not clear from the record as to whether, any order has been passed by the court below summoning the applicant after submission of the charge- sheet by the Police.
Learned counsel for the applicant has contended that there is Government Order dated 30.11.2001 issued by the Principal Secretary, State of U.P. which provides that a criminal case pending under the Essential Commodities Act, 1955 are withdrawn and, therefore, the proceedings against the applicant is not maintainable.
The submission of the learned counsel for the applicant is misconceived for the reason that in the instant case Police has submitted a charge-sheet after investigation and after being prima-facie satisfied that the offence has been committed by the applicant. Thus, in the opinion of the Court, it is not a fit case where this Court should exercise power under Section 482 Cr.P.C. for quashing the proceedings under Section 420 of I.P.C. and Section 3/7 E.C. Act.
The prayer for quashing the entire proceeding of the aforesaid case is refused.
However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appear and surrender before the court below within three weeks from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of two months, no coercive measure shall be taken against the applicant.
With the aforesaid directions, this application is finally
disposed of.
Order Date :- 18.12.2018 Ishan