Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1236 of 2019 Petitioner :- Prem Narayan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and ; and perused the record.
The instant petition seeks quashing of the first information report dated 03.01.2019 registered as Case Crime No.2 of 2019, under Section 3/7 of Essential Commodities Act, P.S. Katera, District Jhansi.
The allegation in the first information report is that, on 02.01.2019, the fair price shop of the petitioner was inspected and various irregularities were found. Further, the stock of essential commodities was found short suggestive of black marketing of essential commodities.
The quashing of the first information report has been sought on the ground that search and seizure procedure was not properly followed and there was no public witness of search/seizure.
The aforesaid grounds cannot be entertained in writ jurisdiction for quashing the first information report as mere absence of public witness would not vitiate the FIR though it may be one of the circumstances taken while evaluating the overall prosecution evidence at the time of trial. On the said ground, FIR cannot be quashed. The petition is dismissed.
Order Date :- 22.1.2019 AKShukla/-