Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4429 of 2019 Petitioner :- Mahavir Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailesh Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 13.1.2019 registered as Case Crime No. 17 of 2019, under Section 3/7 Essential Commodities Act, 1955, Police Station Mirzapur, District Shahjahanpur.
The impugned First Information Report, which has been lodged, after making spot enquiry, alleges that in distribution of essential commodities serious irregularities were committed by the petitioner, who is a fair price shop dealer. Statements of 77 card holders were recorded. Out of them 37 card holders had made complaints against the petitioner. It has also been alleged that the essential commodities have been black marketed and that the stock board, rate board and various other formalities that are required to be fulfilled by a fair price shop dealer were not fulfilled, therefore, there was violation of Control Order.
As the impugned First Information Report discloses commission of cognizable offences no case for interference is made out.
The contention of learned counsel for the petitioner that affidavits have been given by the card holders in his favour are all matter of defence, which cannot be taken into consideration, at this stage In view of the above, the petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 25.2.2019 Md Faisal