Court No. - 17
Case :- APPLICATION U/S 482 No. - 5756 of 2018 Applicant :- Maujiram Opposite Party :- State Of Up And Another Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
The present application under Section 482 has been filed for quashing the proceedings of Case No. 8910 of 2017 (State Vs. Maujiram & others), arising out of Crime No. 156 of 2017 under Section 3/7 E.C. Act Police Station Bagwala, District Etah, pending before learned Additional C.J.M., Court No.17 District Etah.
It is contended by the learned counsel for the applicant that the alleged recovery of Kerosine Oil was not made from the possession of the present accused applicant rather the same was recovered from the house of co-accused Pravesh; no infirmity is found in the records as regards the details of the Essential Commodities which were required to be distributed to the card holders. No analysis was made of the said kerosine oil to prove as to whether it was actually the kerosine oil. Only on the basis of the statements of the card-holders, it is concluded that the storage of it was made with a view to selling the same in the black-market; cognizance by the C.J.M. has been taken on a proforma. On the basis of aforesaid arguments, it is contended that this is a fit case for quashing the charge-sheet; it was also argued that on the basis of irregularities found, the accused had already been suspended, against which this Court has granted stay.
On the other hand, learned A.G.A. has brought to the notice of the court that above-mentioned kerosine oil was found in drums which belonged to the present accused and it has come on record on the basis of evidence collected by I.O. that the same was collected only with a view to selling the same in black- market and the same was not distributed among the target card holders.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
At this stage, the evidence in detail cannot be scrutinized in proceedings under Section 482 Cr.P.C. because that would require trial. On the basis of evidence collected by I.O., it cannot be denied that cognizable offence is made out against the accused applicant. Therefore, the prayer for quashing the charge-sheet is found not tenable and the same is rejected.
The accused applicant may approach the court below for seeking discharge under the appropriate provisions, if so advised.
Order Date :- 26.2.2018 A. Mandhani