Hon'ble Rajeev Singh,J.
Heard Sri R.C.Dwivedi,learned counsel for the petitioner, Sri Arunendra, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioner, namely, Ram Bhajan, seeking quashing of the First Information Report dated 25.1.2021, registered as FIR/ Case Crime No.43 of 2021, under Section 3/7 Essential Commodities Act, Police Station Madhoganj, District Hardoi with a further prayer to stay of arrest during the pendency of the investigation of the said case.
Learned counsel for the petitioner argued that the petitioner is running fair price shop dealer of Village Badhanawa, Police statiion Madhoganj, District Hardoi and he is running the said shop for long time and no complaint has been made ever by any card-holder against the petitioner. He further submits that the present Village Pradhan is inimical with the petitioner as the son of the petitioner is one of the candidate contesting against the present Village Pradhan in the forthcoming election of Village Pradhan. The allegation that the petitioner had taken the thumb impression of the ration card holders over the e-posh machine but did not distribute them ration is absolutely baseless as the all the fair-price-shop situated in entire Uttar Pradesh in Urban Area has been given E-POSH machine by the Government which are being used to distribute the ration to consumers on the basis of biometric authentication technique and the petitioner can neither add or delete any data from the said machine. Moreover, the ration card holders who are said to have made complaint against the petitioner have given their affidavits in favour of the petitioner that the allegations are false. No offence is made out against the petitioner, hence present FIR lodged against the petitioner be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that the petitioner has committed irregularities in distribution of fair price goods which amounts to illegal trafficking and further from the perusal of the First Information Report, a cognizable offence is made out against the petitioner, and therefore, the present writ petition be dismissed.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR 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 FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Rajeev Singh,J.) (Ramesh Sinha, J.) Order Date :- 9.2.2021 NS