Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19975 of 2018
Petitioner :- Vikas Kumar
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Bharti Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Bharti, 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 12.7.2018, registered as case crime No.501 of 2018, under Section 3/7 E.C. Act, 1955, P.S. Shamli, District Shamli.
Learned counsel for the petitioner submits that the petitioner is a fair price shop dealer and he is regularly distributing the essential commodities to the card holders. He further submitted that there appears to be no complaint against the petitioner's fair price shop for any irregularity. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submitted that there is allegation of black-marketing of rice against the petitioner and FIR has been lodged after due approval of the District Magistrate concerned.
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 :- 26.7.2018/NS