Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1428 of 2019 Petitioner :- Satyabrat Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar,Pavan Kishore Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Pavan Kishore for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 4.1.2019 (registered as Case Crime No. 0002 of 2019), u/s 3/7 Essential Commodities Act, 1955, P.S. Auraiya, district Bhadohi.
In substance, allegation made in the F.I.R. is that on 30.12.2018, when the police party made raid in the Flour Mill of the petitioner at 2330 hrs., then 80 bags, each containing 50 kgs. of Government Wheat, were recovered. The petitioner is using the wheat which was supplied to Fair Price Dealers.
Counsel for the petitioner submits that the allegations made in the F.I.R. are false. The petitioner is engaged in Flour Mill business and he used to purchase wheat from Krishi Utpadan Mandi Samiti. He has also produced the receipt relating to purchase of the disputed wheat from Krishi Utpadan Mandi Samiti, Mirzapur. He submits that the petitioner has been falsely implicated in this case.
In the facts of the case, the writ petition is disposed of with direction that the petitioner shall not be arrested in pursuance of F.I.R. dated 4.1.2019 (registered as Case Crime No. 0002 of 2019), u/s 3/7 Essential Commodities Act, 1955, P.S. Auraiya, district Bhadohi, till the submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
Order Date :- 21.1.2019 Jaideep/-