Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3817 of 2021 Petitioner :- Veerendra Giri Respondent :- State of U.P.
Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 16.04.2021 registered as Case Crime No.41 of 2021, under Section 3/7 of Essential Commodities Act, P.S. Ubhon, District Ballia.
The allegations in the impugned first information report are in respect of irregularity in distribution of scheduled commodities by the petitioner who is a fair price shop dealer. The allegations have been made after thorough checking and verification of records.
The petitioner claims that certain directions such as use of e- PoS machine were not strictly adhered due to on account of oral directions.
Be that as it may, as the allegations disclose violation of directions issued under the Control Orders, a prima facie case for registration of first information report is made out, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 25.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.25 17:10:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.25 17:43:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad