Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25258 of 2018 Petitioner :- Gajendra Pal Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Singhal,Shivendra Raj Singhal Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharmendra Singhal, learned counsel for the petitioners, Sri Gambhir Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 7.8.2018, registered as case crime No.393 of 2018, under Section 3/7 of Essential Commodities Act, Police Station Gandhi Park, District Aligarh.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submitted that the petitioner no.2 is having a license of Mandi Samiti and is the owner of M/s. Jaharveer Trading Company and used to carry the business of trading of various commodities, a copy of license is annexed as Annexure-2 to the writ petition. He further submits that the petitioners' firm purchased the sacks of rice in question from various farmers and receipts with regard to the same have also been issued by the Mandi Samiti, Aligarh, copies of which are annexed as Annexure-3 to the writ petition. He next argued that the petitioner no.1 is father of petitioner no.2. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 12.9.2018/NS