Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31305 of 2018 Petitioner :- Surendra Pal Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 12.09.2018, registered as case crime No. 754 of 2018 under Section 420 of I.P..C, 3/7 of Essential Commodities Act, 1955, 66-B Information Technology (amendment) Act 2008, P.S. Bhrampuri, District Meerut..
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against him as he has no role to play in the present crime, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that the present case relates to Public Distribution System scam in which fraud has been committed while distributing the food grains and essential commodities to the card holders by misusing the E-Pos system. The said offence has been committed in the entire State and the involvement of the petitioner in the present case cannot be ruled out. He further submits that the F.I.R. of the present case has been lodged after due approval of the District Magistrate. He further submits that in a similar case this Court while dismissing the petition has passed a detailed order on 6.9.2018 in Crl. Misc. Writ Petition No. 24575 of 2018 (Amit Kumar Jadaun (Amit) vs. State of U.P. and others).
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioner, it is directed that in case the petitioner appears before the court concerned and applies for bail, the same shall be heard and disposed of expeditiously by the courts below.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
Order Date :- 31.10.2018 Md Faisal