Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5468 of 2019 Petitioner :- Pinki Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharat Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 12.2.2019, registered as Case Crime No. 13 of 2019, under Sections 3/7 of Essential Commodities Act, P.S. Kurhfatehgarh, District Sambhal.
Petitioner had been a fair price shop dealer. It appears license cancellation proceeding, on the basis of an inspection, which was carried out in the Month of April 2018, was undertaken against her. While the proceeding for cancellation of license was pending, the petitioner’s fair price shop license was not under suspension. However, an order was passed thereby cancelling the fair price shop agreement of the petitioner, upon finding irregularities in distribution. The FIR lodged not only discloses past irregularity but also alleges that in the month of January, 2019, petitioner had collected stock for distribution but the stock, upon inspection, was found to be less, suggesting that 43.04 Qt of wheat and 30.38 Qt of rice was black marketed.
As the allegations made in the FIR, disclose commission of cognizable offence, the prayer of the petitioner to quash the FIR is not acceptable.
Learned counsel for the petitioner has sought to argue that the petitioner was not present at the time when the inspection was carried out in the Month of January, 2019 and, apparently, the license cancellation order was passed on January 18th, 2019 and, therefore, there was no sufficient time for the petitioner to respond and, therefore, the allegations are false.
It is well settled that the defence of the accused is not to be taken into consideration in writ jurisdiction, when the matter is pending investigation.
In view of above, no relief can be granted to the petitioner. The writ petition is dismissed, without prejudice to the right of the petitioners to apply for bail.
Order Date :- 28.2.2019 RavindraKSingh