Court No. - 67
Case :- APPLICATION U/S 482 No. - 3433 of 2019 Applicant :- Rishipal Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Akash Gupta,Arpit Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned AGA and perused the material on record.
It is submitted by the learned counsel for the applicant that no offence under section 3/7 of the Essential Commodities Act and 409 IPC is made out against the applicant. It is further submitted that the applicant is a contractor of licensee Fair Price Shop and a raid was conducted by police opposite party no. 2- Supply Inspector and it is alleged certain discrepancies were unearthed in the stock register by the raiding party. It is next submitted that on the specific verification of the stock, it was found to be perfectly in consonance of the stock register, which was also certified by the concerned Lekhpal as well as the Kanoongo and no discrepancy was found in maintenance of the fair price shop goods, as alleged in the FIR under the aforesaid sections. The concerned Investigating officer without conducting a proper investigation, without checking the stock/sale registers and without recording the statement of the applicant filed the impugned charge sheet against the applicant, which is bad in law and thus the same is liable to be quashed. Thereafter, he fairly conceded that the applicant has already been bailed in the aforesaid case.
Without entering into the merits of the case, in the considered opinion of the Court, the applicant may move discharge application before the court concerned. If such a discharge application is filed in the court below within 30 days from today, the same shall be adjudicated and decided within a period of eight weeks from the date of filing of the aforesaid application, in accordance with law by a speaking and reasoned order.
With the aforesaid observation, the application filed under section 482 Cr.P.C., is finally disposed of.
Order Date :- 29.1.2019 shailesh