Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25266 of 2018 Petitioner :- Satish Sharma Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Bheem Singh, learned counsel for the petitioner, Sri Gambhir Singh, 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 petitioner with a prayer to quash the FIR dated 25.8.2018, registered as case crime No.984 of 2018, under Section 3/7 Essential Commodities Act, 1955, P.S. Khurja Nagar, District Bulandshahr.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.He further submitted that the petitioner is running a shop of mithai, nameen & samosa, for which he has obtained a registration certificate under the the Food Safety and Standard Act, 2006 on 18.12.2017 from the competent authority. He next argued that seven LPG Cylinders have been recovered from the shop of the petitioner and no other equipment for re-filling the same has been recovered. It is stated that the said LPG Cylinders were kept adjacent to the shop of the petitioner at a tent house and the owner of the tent house has also been made an accused in the petitioner case and the petitioner has no concern with the said LPG Cylinders. He next argued that the the petitioner has already taken the commercial gas connection from the Indian Oil Corporation and he is utilizing the said gas cylinder and has never used the domestic gas cylinder. The petitioner was not present on the spot, as is evident from the impugned FIR itself. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
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 petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he 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 :- 12.9.2018/NS