Allowed

Union of India Thru. Oic A.S.C. (Supply) Supp Depot Mathura v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Allahabad HC18 Oct 2024/7577/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an order under Section 362 CrPC and direction to dispose of substandard grease at Mathura Army Depot. Court allowed petition to permit disposal of grease in interest of justice.

What did the court decide?

Petitioner permitted to dispose of sub-standard grease lying at Mathura Army Depot, ignoring the impugned order dated 11.8.2022.

Union of India Thru. Oic A.S.C. (Supply)… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70227

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Court No. - 11

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7577 of 2024 Petitioner :- Union Of India Thru. Oic A.S.C. (Supply) Supp Depot Mathura Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- G.A.,Anurag Kumar Singh

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri R.K. Singh, learned counsel for Union of India/petitioner, Shri Amit Sachan, learned State Law Officer appearing for the State and Shri D.P. Singh, Advocate holding brief of Shri Anurag Kumar Singh, learned counsel for the opposite party no.2 i.e., Central Bureau of Investigation.

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By means of this petition, the petitioner has prayed for the following reliefs:

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"(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 11.8.2022 passed by the Special Judge, E.C. Act, Barabanki contained in Annexure No.1 to this writ petition.

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(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties to permit the petitioner to dispose off the sub-standard grease lying in Mathura Army Depot, in the interest of justice. "

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Learned counsel for the petitioner has stated that the substandard grease was supplied to six Army depots namely Bhusawal, Barabanki, Mathura, Delhi Cantt, RHPD Pathankot and FOL Depot Guwahati by one Azad Krishna Chaddha and Harikrishna Chaddha. He has further submitted that two criminal cases i.e., (1) R.C. No.02(a)/90 Under Sections 120-B read with section 420/201/468/471 I.P.C. and Section 13 (2) read with section 3 91) (D) Prevention of Corruption Act and (2) Case Crime No. 2 (A)/90-A.C.U.-V Under Section 3/7 Essential Commodities Act Police Station-C.B.I., New Delhi

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have been registered against the accused persons.

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Learned counsel for the petitioner has submitted that the trial of the R.C. No. 02 (A)/90 has been conducted as Case No. 01/94 "State vs. A.K. Chaddha" and the accused persons were convicted vide order dated 29.2.2012 passed by the Special Judge, Prevention of Corruption Act (Central), Lucknow (Annexure No. .2). He has further stated that the trial of the aforesaid Case Crime No. 2 (A)/90- A.C.U.-V was pending and during trial, an application has been moved for permitting to dispose of the sub-standard grease and the learned Special Judge, E.C. Act/IVth Additional District and Sessions Judge, Barabanki passed the order dated 6.10.2018 (Annexure No. 3) by which the application has been allowed and Commanding Officer, Sainya Poorti Corps Depot, Lucknow was directed to auction the sub-standard grease.

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Learned counsel for the petitioner has submitted that the trial of the aforesaid Case Crime No. 2 (A)/90- A.C.U.-V, Lucknow has been concluded and the judgment and order dated 30.11.2018 (Annexure No.4) has been passed by the IVth Additional District and Sessions Judge/Special Judge, E.C. Act, Barabanki, whereby the accused persons Azad Krishna Chaddha and Hari Krishna Chaddha have been convicted.

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Learned counsel for the petitioner has further submitted that an application for modification dated 17.12.2018 (Annexure No.5) has been moved by the Army Depot Mathura Cantt for modification of the order dated 6.10.2018 and permit to dispose of the sub-standard grease lying in Mathura Depot as well as other Depots. Another application dated 5.2.2022 (Annexure No.6) has also been moved to the learned Court below for permission to dispose of the sub-standard grease lying in Mathura Depot but the learned Special Judge, E.C. Act,

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Barabanki has rejected the said application for modification by means of impugned order dated 11.8.2022 (Annexure No.1).

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Learned counsel for the petitioner has stated that the aforesaid sub-standard grease are lying for the last several years and during the course of 22 years, the quantity of aforesaid grease has further deteriorated and continuing to be deteriorated. The aforesaid sub-standard grease not only occupying important military purpose land since 1988 but also causing environment damage and possible source fire hazard to nearby military store locations.

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Learned counsel for the petitioner has informed that against the judgement and order dated 30.11.2018 (supra), one Criminal Appeal No. 2343 of 2018 is pending consideration before this Court.

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Learned counsel for the opposite parties have no objection, if any appropriate order is passed in the ends of justice. This fact has also not been disputed that on 06.10.2018, learned trial court has allowed the application for permission to dispose of the sub-standard grease relating to Lucknow Depot.

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I have heard learned counsel for the parties and perused the material available on record.

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Since the impugned order dated 11.8.2022 has been passed for the reason that the learned trial court has no power to alter or review its earlier order in view of the specific bar contained under Section 362 CrPC, therefore, the application of the petitioner was rejected. Though nothing has been indicated on the merits of the issue.

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Therefore, I find it appropriate in the interest of justice permitting the petitioner to dispose of the aforesaid sub-

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standard grease lying in Mathura Army Depot ignoring the impugned order dated 11.8.2022 passed by the Special Judge, E.C. Act, Barabanki, at the earliest adopting all precautionary measures in the light of the report dated 18.9.2024 given by the Green Recycling Waste Management Private Limited (annexure-8).

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The writ petition is allowed in the aforesaid terms.

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Order Date :- 18.10.2024 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Union of India Thru. Oic A.S.C. (Supply) Supp Depot Mathura v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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Union of India Thru. Oic A.S.C. (Supply) Supp Depot Mathura v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Case brief

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