Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16189 of 2019 Petitioner :- Mukesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Tripathi Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Ravi Shankar Tripathi, learned counsel for the petitioner, Sri Arundera Kumar Singh, learned A.G.A. appearing for the State and perused the record.
This petition has been moved with a prayer to quash the impugned FIR dated 20.5.2019, arising out of case crime no.76 of 2019, under Section 3/7 E.C. Act and Section 504 IPC, P.S. Mujariya. District Budaun and also made further prayer to stay the proceedings in the aforesaid case.
It is contended by the learned counsel for the petitioner that the petitioner has been falsely implicated in the present case for the reasons mentioned in para 11 of the affidavit. It is further argued that as per the order of the S.D.M. another shop was attached with the petitioner of village Ismailpur Memadi and hence the said grains were kept in the said place which has not been taken into consideration before lodging the FIR. Hence, the FIR needs to quashed.
Learned A.G.A. has vehemently opposed the prayer stating that total 57.12 quintal wheat and 38.68 quintal rice were found to have been black marketed by the applicant hence, quashing of FIR should be refused.
From the perusal of material on record and looking into the facts of this case, at this stage, it cannot be said that no cognizable offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings u/s 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of law laid down by Hon'ble Supreme Court in cases of R. P. Kapur vs. The State Of Punjab, AIR 1960 SC 866, State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 SC 604 and State of Bihar and Anr. Vs. P.P. Sharma, AIR 1991 SC 1260 lastly Zandu Pharmaceutical Works Ltd. and Ors. Vs. Md. Sharaful Haque and Ors., AIR 2005 SC 9. The disputed defense of the accused cannot be considered at this stage.
The prayer for quashing the proceedings of the aforesaid case is refused.
Accordingly, the petition is dismissed.
(Pradeep Kumar Srivastava,J) (Dinesh Kumar Singh-I, J.) Order Date :- 11.6.2019 Neeraj