Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 28121 of 2018 Petitioner :- Rajesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhijeet Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the State and perused the 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 30.8.2018, registered as Case Crime No. 1441 of 2018, under Section 3/7 of Essential Commodities Act, 1955, P.S.- Noida Section 20,, District- Gautam Budh Nagar.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him as he has 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 petitioner 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 writ petition, had passed a detailed order on 6.9.2018 in Criminal Misc. Writ Petition No. 24575 of 2018 (Amit Kumar Jadaun (Amit) vs. State of U.P. and others).
After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence against the petitioner. Hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner.
The writ petition lacks merit and is, accordingly, dismissed.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned and applies for bail, the same shall be heard and disposed of expeditiously by the courts below.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
Order Date :- 28.11.2018
AK Pandey