Criminal Miscellaneous Writ Petition filed by a fair price shop dealer seeking to quash an FIR. The petitioners argued lack of opportunity to be heard as inspection occurred in their absence. The bench found no basis for quashing the FIR.
None. The petitioners' request for quashing of the FIR was rejected.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 17279 of 2019
Petitioner :- Subrati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Singh,Naveen Kumar Yadav
Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Dinesh Kumar Singh, learned Counsel for the petitioner and learned A.G.A. for respondent nos.1 & 2.
Present petition has been filed for quashing the first information report dated 25.5.2019 registered as Case Crime No.82 of 2019 under Section 3/7 of the Essential Commodities Act, 1955, P.S. Khesraha , District Siddhartha Nagar.
It is submitted by learned Counsel for the petitioner that the petitioner is a fair price shop dealer and has not committed any irregularity in distribution of essential commodities to the card holders. It is further submitted that the inspection at the fair price shop was made behind the back of the petitioner and he was not afforded an opportunity to put his version before the lodging of the first information report.
We have heard learned Counsel for the petitioner, learned A.G.A. for respondent nos.1 & 2 and perused the first information report.
From perusal of the F.I.R., it appears that during inspection on 25.5.2019, petitioner was not present at his fair price shop and his mobile phone was also switched off. Statement of 41 card holders was recorded by the inspection team, thereafter, the first information report was lodged.
From perusal of the F.I.R., no case for quashing of the F.I.R. is made out, accordingly, writ petition is dismissed .
Order Date :- 24.6.2019 S. Singh
1 issue framed by the court
Whether the writ petition is maintainable for quashing the FIR without a formal case being established.
1 provisions across 1 enactments
Subrati
State Of U.P.
2 Others
Sunita Agarwal
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
