Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29444 of 2018 Petitioner :- Udaiveer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard Sri K.S.Yadav, learned counsel for the petitioner, Sri G.P.Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 01.09.2018, registered as Case Crime No.604 of 2018, under Section 3/7 Essential Commodities Act, 1955, under Section 71 of Information Technology (Amendment) Act, 2008, under Section 38 Adhar Card (Targeted Delivery of Financial and others Subsidies Benefits and Service) Act, 2015, Police Station-Kotwali, District Etawah.
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 submits that the petitioner is running a fair price shop since 1974, he has been distributing the essential commodities to the bonafide card holders and no complaint has ever been against him. He next argued that the petitioner is an old man aged about 68 years and suffering from various old age ailment, the said fact has been mentioned in paragraph no.14 of the writ petition. 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 by this Court.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the facts and circumstances of the case and also taking into account the fact that the petitioner is an old man aged about 68 years, 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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from the case of other co- accused persons.
It is made clear that the Court has granted indulgence only on account of the fact that the petitioner is an old man and order granting interim protection to the petitioner shall not be treated as parity to other co- accused persons.
Order Date :- 12.10.2018 Shalini