Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26674 of 2018 Petitioner :- Tej Narayan Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anup Dhar Dubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.D.Dubey, learned counsel for the petitioner, Sri N.K.Verma, 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 5.9.2018, registered as case crime No.228 of 2018, under Section 3/7 of Essential Commodities Act, 1955, Police Station Barahaj, District Deoria.
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 a fair price shop dealer and is running his shop since long without there being any complaint of ration card holders. He further submits that some of the persons were collected and their statements were taken who deposed against the petitioner and stated that the petitioner is not distributing the essential commodities to the ration card holders, but the stock register of the petitioner was not verified. He argued that 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 F.I.R. which discloses cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 25.9.2018/NS