Gaurav Vs State of U.P. and Another

Court No. - 86

Case :- APPLICATION U/S 482 No. - 7450 of 2022

Applicant :- Gaurav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Singh,Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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The petition has been filed under Section 482 CrPC for quashing cognizance order dated 23.6.2021 and charge sheet dated 1.6.2021 as also entire criminal proceeding of Crl. Case No.6885 of 2021 State versus Gaurav, arising out of case crime No.191 of 2021 under sections 269, 270, 420 I.P.C. and 3 Mahamari Act, P.S. Nodia Sector 58, District Gautam Budh Nagar.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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Notice to private respondent is dispensed with.

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Learned counsel for the petitioner submits that the first information report and the entire prosecution case is highly doubtful. Maliciously, first information report has been lodged.

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Learned counsel has drawn attention of the court towards tax invoice and related goods. The goods seized were released in his favour subsequently by the court below.

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Learned A.G.A. has opposed the petition.

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A perusal of the first information report shows that the allegation against the applicant was that he was taking undue benefit of the people(s) who were suffering from Covid-19 pandemic and by committing fraud and taking advantage of their

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position, on excess rates, high pressure regulator and oxygen masks were sold by him and thus was indulged in black-marketting. The first information report, prima facie shows commission of cognizable offence. It is not a fit case to interfere with the order impugned in petition under section 482 CrPC.

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The petition lacks merit and is dismissed.

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Order Date :- 27.9.2022 kkb.

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Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.27 16:53:22 IST Reason: Location: High Court of Judicature at Allahabad

Gaurav v. State of U.P. and Another

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Gaurav v. State of U.P. and Another

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