Court No. - 85
Case :- APPLICATION U/S 482 No. - 22721 of 2021 Applicant :- Jaiveer Singh Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A Hon'ble Syed Aftab Husain Rizvi,J.
Learned counsel for the applicant and learned Standing Counsel for the State-respondents are present.
This application U/s 482 Cr.P.C. has been filed to quash the charge-sheet dated 31.12.2020 and the entire criminal proceedings of case no.175 of 2021 (State of U.P. vs. Jaiveer Singh) arising out of case crime/FIR No.0191 of 2020 dated 03.09.2020 U/s 3/7 of the Essential Commodities Act registered at P.S.- Doghat, District Baghpat, pending in the court of learned additional Chief Judicial Magistrate, Baghpat.
Learned counsel for the applicant contended that from the bare reading of the FIR dated 03.09.2020, it becomes apparent that several vague and unbelievable allegations have been leveled against the applicant with ultimate allegations to the effect that after the inspection of the applicant's fair price shop 20.47 quintals of wheat and 17.85 quintals of rice were found in excess quantity. The excess quantity of stock does not mean and indicate that there has been some contravention of the provisions of Uttar Pradesh Essentian Commodities (Regulation of Sale and Distribution Control) order 2016 and it does not give rise to the presumption of black marketing. Therefore, it cannot at all be presumed that excess quantity of stock was to be used for black marketing. Learned counsel further submitted that it is a case of personal grudge which is evident from the allegations of the FIR which indicates that such an inspection has been made in pursuance of the oral order of the authorities. In fact, the informant was demanding illegal gratification keeping in view, the large number of the card-holders attached with the fair price shop of the applicant but since the applicant always refusing the fulfillment of the said demand, the informant- Supply Inspector was threatening the applicant to face the consequences and in fact, he ultimately succeeded in his object by getting the said first information report dated 03.09.2020. Learned counsel placed reliance in para-7 in the case of (State of Haryana and ors vs. Chaudhary Bhajan Lal and ors) 1992 AIR (SC) 604 which reads as under:
"7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
Learned counsel also contended that considering the submissions of the applicant, this Court was earlier pleased to grant anticipatory bail to the accused-applicant. Learned counsel contended that learned court below totally overlooked the settled legal preposition by passing the order dated 25.02.2021 failed to find any reason which has compelled to take cognizance in the matter. Learned counsel also submitted that the allegations in the FIR indicates that complainant is not aware about the actual quantity of the stock.
Learned Standing Counsel submitted that there are specific allegation against the accused-applicant in the FIR, which establishes that accused-applicant is involved in black- marketing of Ration. On checking the stock was found in excess quantity which shows that the accused-applicant has shown it distributed in the records but actually it was not distributed and was kept there for black marketing. He also submitted that during investigation, cogent evidence has been collected and on the basis of it, charge-sheet has been filed. Learned Magistrate being satisfied with the material available in the case diary has taken cognizance by the impugned order dated 25.02.2021. There is no illegality or infirmity in the order of taking cognizance and summoning.
The allegations of the FIR, prima-facie discloses cognizable offene. During investigation, on the basis of evidence collected and finding sufficient material, charge-sheet has been submitted against the accused-applicant. Learned Magistrate on the basis of material available on the case diary has taken cognizance by the impugned order dated 25.02.2021. There is no cogent material on record to presume that the proceeding against the accused-applicant has been initiated due to personal grudge and due to above reason no benefit of law laid down in the case of State of Haryana and ors vs. Chaudhary Bhajan Lal and ors (Supra) can be extended to the accused-applicant. There is no material on record, on the basis of which it can be concluded that the registration of the FIR is an abuse of the process of law or continuation of the proceedings will be an abuse of the process of the court. This application U/s 482 Cr.P.C. lacks merit and is liable to be dismissed.
Accordingly, the application is hereby dismissed.
However, it is directed that in case the applicants surrender before the court below and apply for bail, the same shall be considered and decided expeditiously in view of the settled law.
Order Date :- 21.12.2021/ C. MANI