Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23044 of 2018 Petitioner :- Ramesh Chandra Agrahari And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.K.Vaishya, learned counsel for the petitioners, Sri Depak Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 4.8.2018, registered as case crime No.323 of 2018, under Section 3/7 E.C. Act, 1955, P.S. Shahganj, District Allahabad.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He further submits that the petitioner no.1 is salesman, petitioner no.2 is Secretary of the fair price shop and petitioner nos. 3 & 4 are his friend and only on the basis of the statement of the driver of the vehicle in question, the petitioners have been roped in the present case.He next argued that there is no allegation of black marketing against the petitioners. The allegation levelled against the petitioners is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018/NS