The Court dismissed a writ petition seeking quashing of an FIR registered under Sections 3, 7 Essential Commodities Act and Section 420 IPC, finding allegations constituted a criminal offence. The Court dismissed the petition without prejudice to bail rights.
Petition dismissal order without prejudice to right to apply for bail.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 332 of 2022
Petitioner :- Rinku Gupta And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
The instant petition seeks quashing of the impugned F.I.R. dated 01.10.2021, registered as Case Crime No. 0144 of 2021, under Sections 3, 7 Essential Commodities Act and Section 420 I.P.C., P.S. Chandapa, District Hathras.
Upon hearing of learned counsel for the parties and perusal of the first information report, we find that the allegations in the F.I.R. constitute criminal offence. For the same reason first information report cannot be quashed. It also transpires from a reading of the F.I.R. that this is the second case under the provision of Essential Commodities Act registered against the petitioner no.1.
The writ petition is, therefore, without merit and is dismissed without prejudice to the right of the petitioners to apply for bail. Order Date :- 20.1.2022 Asha
2 issues framed by the court
Whether the F.I.R. alleging offences under Essential Commodities Act and IPC 420 should be quashed?
Whether the petitioner is entitled to quashing of the second case under the Essential Commodities Act?
Rinku Gupta And 2 Others
State Of U.P. And 2 Others
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
