Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16669 of 2019 Petitioner :- Mukesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Kumar Tripathi,Anupama Tripathi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Rakesh Kumar Tripathi, learned counsel for the petitioner, Sri S.S. Sachan, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 2.6.2019, registered as Case Crime No.280 of 2019, under Section 3/7 of E.C. Act, 1955, Police Station Nazibabad, District Bijnor.
Learned counsel for the petitioner submits that the petitioner the petitioner is fair price shop dealer and has been falsely implicated in the present case with malafide intention. He further submitted that there is no allegation of black marketing against the petitioner and it is stated that he has misused some stocks of essential commodities. The fair price shop licence of the petitioner has been suspended. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Vivek Varma,J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019/NS