Court No. - 53
Case :- APPLICATION U/S 482 No. - 2122 of 2019 Applicant :- Ram Awatar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the parties and perused the record.
This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the charge sheet dated 10.01.2017, the cognizance order dated 06.12.2018 as well as the entire proceedings in Criminal Case No. 5771 of 2018 (State v. Ram Sihasan and Another), arising out of Crime No.
294 of 2016, under Section 3/7/8/11 of the Essential Commodities Act, 1955, Police Station - Shyamdeurwa, District - Maharajganj, pending in the court of C.J.M., Maharajganj.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
In view of above, the prayer for quashing the impugned charge sheet, the impugned cognizance order as well as the entire proceedings in the aforesaid case is refused.
However, the trial court is directed to decide the bail application of the applicants expeditiously, strictly in accordance with law.
For a period of 30 days from today, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid direction, the instant application under Section 482 of the Code stands disposed of.
Order Date :- 21.1.2019 I. Batabyal