Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Mohd. Shamshad Khan, learned counsel for the petitioner, Shri S.N. Tilahari, learned A.G.A. for the State-respondents no.1 and 2 and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner- Ram Sunder Chauhan with a prayer to issue a writ in the nature of certioari to quash the impugned FIR dated 11.08.2021 bearing FIR No.0300 of 2021, under Section 3/7 of Essential Commodities Act, 1955, Police Station Kurebhar, District Sultanpur with a further prayer not to arrest the petitioner in pursuance of the impugned FIR.
It has been argued by learned counsel for the petitioner that the petitioner, who is a fair price shop dealer, was present at the spot when the raid was conducted and the work chart was not verified by the raiding team. He next argued that the affidavits have also been given by some of ration card holders to the concerned authorities stating therein that no irregularities were committed by the petitioner in the distribution of essential commodities. He next argued that the impugned FIR has been lodged against the petitioner just for harassment with oblique motive. The entire allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence, the impugned FIR is liable to be quashed.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the F.I.R. and submitted that the essential commodities were given to the petitioner, who is a fair price shop owner, under the Scheme of Pradhan Mantri Garib Kalyan Anna Yojana. He next argued that there is specific allegation of irregularities and black marketing of foodgrains on the instruction of petitioner and, therefore, petitioner's involvement in the present crime cannot be ruled out. He further submits that the impugned F.I.R. has been lodged by the respondent no.3 after due approval of the District Magistrate concerned and also the impugned F.I.R. discloses a cognizable offence against the petitioner, hence the present writ petition is liable to be dismissed.
Having examined the submissions advanced by learned counsel for the parties, perusing the impugned F.I.R., which clearly shows that cognizable offence is made out against the petitioner, we are of the opinion that 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 petitioners.
The petition lacks merit and is, accordingly, dismissed.
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( Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2021 Anand/-