This order grants an interim direction against the petitioner's arrest in an FIR relating to provisions of the Essential Commodities Act, directing suspension until the police report is submitted.
Direction that the petitioner shall not be arrested till the submission of the police report under Section 173(2) Cr.P.C.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 17293 of 2019
Petitioner :- Smt. Pramila Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Istiyaq Ali,Ali Hasan Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Rohit Ranjan Agarwal,J.
By means of the present writ petition, the petitioner seeks for quashing of the First Information Report dated 19.5.2019, registered as Case Crime No.0077 of 2019, under Section 3/7 of the Essential Commodities Act at Police Station Pawara, District Jaunpur.
The allegations against the petitioner in the F.I.R. are that she had not distributed essential commodities/food grains etc. to the card holders for the month of May, 2019, and black marketed it. When the investigation was made as to the manner of distribution and availability of the stock in the shop, the petitioner did not participate in the enquiry by producing distribution and stock register. The submission of the learned counsel for the petitioner is that the petitioner is ready to participate in the enquiry being made into the manner of distribution of food grains in the month of May, 2019. She may not be arrested during the course of investigation.
Considering the allegations in the F.I.R. and the submissions of learned counsel for the petitioner that the petitioner is ready to participate in the investigation in Case Crime No.0077 of 2019, Case Crime No.0077 of 2019, under Section 3/7 of the Essential Commodities Act at Police Station Pawara, District Jaunpur, she shall not be arrested till the submission of the police report u/s 173(2) Cr.P.C.
With the above observations and directions, the present writ petition is disposed of.
Order Date :- 24.6.2019 Shalini
1 issue framed by the court
Whether the petitioner's writ petition for quashing of the FIR should be disposed of by directing non-arrest until submission of police report.
2 provisions across 2 enactments
Smt. Pramila Devi
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
