Heard learned counsel for the applicant and learned Additional Government Advocate.
The point which involved in the present petition is trivial in nature, so the same is being decided at the admission stage.
Facts, in brief, as submitted by learned counsel for the applicant are that opposite party no.2 on incorrect and wrong facts lodged an F.I.R. dated 2.3.2016 as case crime no.015 of 2016 under section 3/7 of the Essential Commodities Act, Police-Station Singhai District Kheri against Smt. Guddi.
It is further submitted that thereafter in the matter in issue a charge-sheet has been filed by the police authorities in the Court of A.C.J.M.-I, Kheri. Accordingly a case no.1450 of 2019(State Vs. Guddi Devi and others) arising out case crime no.015 of 2016 under Section 3/7 of the Essential Commodities Act, Police Station Singhai District Kheri has been registered.
Learned counsel for the applicant submits that from the bare perusal of the F.I.R. the position which emerges is that no case against the applicant is made out as applicant is driver of tractor, so the proceedings in Criminal case no.1450 of 2019 (State Vs. Guddi Devi and others) under Section 3/7 of the Essential Commodities Act,Police-Station Singhai District Kheri may be quashed.
Learned Additional Government Advocate has opposed the prayer made by learned counsel for the applicant and submits that after investigation, the investigation officer has already submitted charge-sheet in which summoning order has been issued , so in view of the said fact, present petition under section 482 Cr.P.C. is not maintainable and if the applicant has any grievance,he may approach court concerned.
Taking into consideration the facts and circumstances of the case, the petition under Section 482 Cr.P.C. is disposed of with the direction to the applicant to move bail application before the court concerned/ A.C.J.M.-I Kheri in Criminal case no.1450 of 2019 (State Vs. Guddi Devi and others) under Section 3/7 of the Essential Commodities Act,Police-Station Singhai District Kheri within two weeks from the date of production of certified copy of this order, the same shall be disposed of by him after hearing learned counsel for the applicant/ his counsel in accordance with law within a further period of four weeks.
For a period of seven weeks or till the disposal of bail application by the court concerned whichever is earlier, no coercive measure shall be taken against the applicant in the matter in issue.
Order Date :- 30.8.2019/dk