The court dismissed the writ petition seeking quashing of an FIR under Sections 3/7 of the Essential Commodities Act, 1955. Holding that the FIR contains ingredients of an offence, the court refused to quash the complaint despite a delay in filing the charge-sheet.
Writ petition for quashing of FIR dismissed.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12921 of 2021
Petitioner :- Manoj Kumar Yadav Respondent :- State Of U.P Thru Secretary Home Lknw. And Others
Counsel for Petitioner :- Rahul Mishra,Sanjay Mishra Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioner at length and learned AGA.
The writ petition seeks quashing of the FIR dated 20.01.2020 giving rise to Case Crime No. 0011 of 2020, under Section 3/7 of the Essential Commodities Act, 1955, P.S. Kurawali, District Mainpuri.
The contention of learned counsel for the petitioner is that the FIR itself was lodged with a delay. Almost an year has expired and yet no charge-sheet has been filed against the petitioner.
Be that as it may, the fact remains that the allegations in the FIR contain the ingredients of an offence and for the same reason, the FIR cannot be quashed.
The writ petition is accordingly, dismissed.
Order Date :- 17.1.2022 Mayank
Digitally signed by MAYANK KUMAR SHARMA Date: 2022.01.18 15:57:48 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the writ petition for quashing the complaint is maintainable.
Whether the impugned charge-sheet can be compendious under Section 3/7 of the Essential Commodities Act, 1955.
Whether the writ petition is maintainable.
1 provisions across 1 enactments
Manoj Kumar Yadav
State Of U.P Thru Secretary Home Lknw. And Others
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
