Partly allowed

Jai Prakash Tiwari v. State of U.P. and Another

Allahabad HC3 Apr 2023A482/9856/2023

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the High Court declined the prayer to quash the charge sheet and investigation proceedings alleging the applicant secured multiple ration cards to siphon public distribution resources, finding no case for interference.

What did the court decide?

Prayer to quash proceedings declined; conditional direction for expedient bail hearing granted.

Jai Prakash Tiwari Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 9856 of 2023

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Applicant :- Jai Prakash Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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This application has been filed seeking to quash the charge sheet dated 11.11.2022 and cognizance/summoning order dated 02.02.2023 as well as the entire proceedings of Case No. 1533 of 2023 (arising out of Case Crime No. 179 of 2019), under Section 419, 420, IPC and Section 3/7 Essential Commodities Act, 1955, Police Station Bhaluani, District Deoria, pending in the Court of Upper Chief Judicial Magistrate, Court No. 19 Deoria.

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It is submitted by the learned counsel for the applicant that there is no material in the case diary to clearly show that the applicant is involved in the offence of securing two ration cards and what the second opposite party has done is to blame the applicant for some lapses in the official records for which the applicant is not responsible. It is further pointed that it was the Supply Inspector in connivance with whom the applicant was accused of securing two ration cards.

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The applicant is a fair price shop dealer, against whom there are allegation of securing 2-3 ration cards in the name of the same person, and through that mechanism, siphoning off resources of the public distribution system. This allegation upon investigation and scrutiny of official records available with the supply department have been found vindicated.

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No case to interfere with the impugned proceedings is made out.

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The prayer to quash the proceedings is, therefore, declined.

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However, in case the applicant surrenders and applies for bail, the bail application shall be heard and decided expeditiously, in accordance with law.

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The application stands disposed of in terms of the orders aforesaid.

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Order Date :- 3.4.2023/Ashutosh

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Jai Prakash Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jai Prakash Tiwari v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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