Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1692 of 2019 Petitioner :- Jitendra Singhal And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kameshwar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Kameshwar Singh, learned counsel for petitioners and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 01.09.2018 registered as Case Crime No. 1004 of 2018, under Section 3/7 of Essential Commodities Act and Section 66D of Information Technology Act, Police Station- Kotwali Nagar, District- Muzaffar Nagar.
In the F.I.R. in substance the allegation has been made that the petitioners are licensee of fair price shop. By using aadhar card, they have generated biometric identity. They have misused the machine for preparing the identity due to which real beneficiaries have not received fair price material. Petitioners are involved in the embezzlement of the essential commodities, supply to them.
Counsel for the petitioner submits that the petitioenrs are fair price shop dealer. They have followed the guidelines of Government and there is no single complaint against them by any card holders. The petitioners are not guilty of any embezzlement.
In view of the fact of present case writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 1004 of 2018, under Section 3/7 of Essential Commodities Act and Section 66D of Information Technology Act, Police Station- Kotwali Nagar, District- Muzaffar Nagar till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 Sharad/-