Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 37007 of 2018 Petitioner :- Omveer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Anuj Bajpai, learned counsel for the petitioner and Sri J.K. Upadhyay, learned A.G.A. for the respondent nos. 1 to 3.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 18.10.2018 in respect of Case Crime No. 0599 of 2018 for the offence under Section 3/7 of Essential Commodities Act, P.S. Jalalabad, District Shahjahanpur.
Learned counsel for the petitioner submits that even if the entire prosecution story is taken as it is, at best, the present case would fall within the ambit of irregularity and not any illegality. He submits that there was no criminal intention on behalf of the petitioner and he had acted strictly as per the guidelines issued by the Government and had lifted the food articles as directed by the State.
On the other hand learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioner, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 19.12.2018 S.K.