Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24528 of 2018 Petitioner :- Girijesh Bharti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Swapnil Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Swapnil Srivastava, learned counsel for the petitioner, Sri N. K. Verma, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 05.06.2018 registered as Case Crime No. 0066 of 2018, under Sections 3/7 of the Essential Commodities Act, Police Station-Sonha, District Basti.
Learned counsel for the petitioners submits that the petitioner is running a fair price shop and there no complaint against the petitioner regarding distribution of the commodities and has been falsely implicated in the present case with malafide intention.
Learned AGA opposed and submitted that the stock in question of the fair price shop of the petitioner was found to be short and there is allegation of black marketing against the petitioner. He further submitted that the present FIR has been lodged after due approval from District Supply Officer.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 5.9.2018/VKG