Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24547 of 2018 Petitioner :- Raj Rani And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mithilesh Kumar Tiwari, learned counsel for the petitioners, learned AGA appearing for the State and impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 28.08.2018 registered as Case Crime No. 0923 of 2018, under Sections 3/7 Essential Commodities Act, 1955 and Section 43 of Information Technology (Amendment) Act, 2000, Police Station Ghaziabad Kotwali, District Ghaziabad.
It has been submitted by the learned counsel for the petitioners that the petitioners including petitioner nos. 1, 3 and 6 who are lady, have been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against them as they have no role to play in the present crime, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the present case relates to Public Distribution System scam in which fraud has been committed while distributing the food grains and essential commodities to the card holders by misusing the E-Pos system. The said offence has been committed in the entire State and the involvement of the petitioners in the present case cannot be ruled out. He further submits that the F.I.R. of the present case has been lodged after due approval of the District Magistrate. He further submits that in a similar case this Court while dismissing the petition has passed a detailed order on 6.9.2018 in Crl. Misc. Writ Petition No. 24575 of 2018 (Amit Kumar Jadaun (Amit) vs. State of U.P. and others) but could not dispute the fact that petitioner nos. 1, 3 and 6 are lady.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but taking into account that petitioner nos. 1, 3 and 6 who are a lady, she shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as the petitioner nos. 2, 4, 5, 7 and 8 are concerned, the petition stand dismissed With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/VKG