Court No. - 47
Case :- APPLICATION U/S 482 No. - 19235 of 2020 Applicant :- Shadab Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Udai Chandani Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings including the charge-sheet dated 19.05.2019 as well as cognizance order dated 6.9.2020 passed by Additional Chief Judicial Magistrate, Rampur in Case No. 590 of 2020 (State Vs. Shadab Ali), arising out of Case Crime No. 0152 of 2019, under Sections 420, 353 IPC, P.S. Azim Nagar, District- Rampur.
Learned counsel for the applicant has submitted that in the FIR two persons, one Kunwar Pal and Nafees Ahmad have been alleged from whom wheat was purchased below minimum support price, which was fixed by the Mandi Samiti and both the persons have filed the affidavit before the concerned court and in view of affidavit filed by both the persons submitted to quash the charge-sheet.
Learned A.G.A. vehemently opposed the contentions raised on behalf of the applicant.
The FIR of case crime no.152 of 2019 is Annexure-1 to the affidavit. The allegations are that accused Shadab Ali, who is the proprietor of shop in the campus of the Mandi and on inspection of Secretary, Mandi Samiti, the farmers Kunwar Pal and Nafees Ahmad both stated that wheat was purchased from them on Rs.1,775/- per quintal while the Minimum Support Price was Rs.1,840/- per quintal, therefore, fraud was played by the proprietor upon both the farmers and accordingly the FIR was lodged with the concerned police station.
The Investigating Officer after concluding the investigation filed the charge-sheet and cognizance was taken by the concerned Magistrate. Affidavit of both the farmers Kunwar Pal and Nafees Ahmad have been annexed as Annexures-6 and 7 to the affidavit. The applicant may move application for discharge within 30 days before the court concerned on the same grounds which are raised in this application U/s 482 Cr.P.C. and the remaining grounds for discharge may be raised by the applicant before the concerned court.
For a period of 30 days from today no coercive action shall be taken against the applicant.
With the aforesaid observations the application U/s 482 Cr.P.C. is disposed of.
Order date :- 6.1.2021 Prajapati