Sanjay Maurya v. State of U.P. and Another
Case brief
What is this about?
This application under Section 482 CrPC sought to quash criminal proceedings initiated under the Essential Commodities Act and IPC. The court accepted notice from the State but directed that further proceedings against the applicant remain stayed until the hearing of the application.
What did the court decide?
Stayed further proceedings against the applicant until the disposal of the application under Section 482 CrPC. Issued notice to the State.
What the court decided
Court No. - 77 Case :- APPLICATION U/S 482 No. - 21474 of 2024 Applicant :- Sanjay Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Shailesh Kumar Tripathi, learned counsel for the applicant and Sri Manoj Kumar Singh, learned A.G.A. for the State.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No.6564 of 2023 (State Vs. Sanjay Maurya) arising out of Case Crime No.36 of 2020, under Sections 420, 188 I.P.C., Police Station-Luxa, DistrictVaranasi, as well as cognizance/ summoning order dated 1.2.2023, pending in the court of Additional Chief Judicial Magistrate-II, Varanasi.
Learned counsel for the applicant submits that the first information report dated 26.3.2020 has been lodged under Section 3/7 of Essential Commodities Act, 1955 by District Supply Officer on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that charge-sheet has not been submitted under Section 3/7 of the Act, 1955. It is further submitted that the State Government withdraw the cases related to Pandemic period under Section 188 of IPC. It is further submitted that there is no pre-summoning evidence with regard to the offence punishable under Section 420 IPC.
Prima facie , matter requires consideration.
Notice on behalf of opposite party No.1 has been accepted by learned A.G.A.
Issues for consideration
3 issues framed by the court
Whether the proceedings under Sections 420 IPC and 188 IPC arising out of a case under Essential Commodities Act, 1955, should be quashed at the admission stage.
Whether the First Information Report lodged under Section 3 or 7 of the Essential Commodities Act, 1955, is based on false allegations.
Whether further proceedings in the criminal case mentioned in the application should remain stayed against the applicant.
Parties & counsel
- applicant
Sanjay Maurya
- respondent
State of U.P.
Coram
Sanjay Kumar Pachori
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- A482/21474/2024
All orders in this case
2 orders share this CNR
- Order 1 — this page · Case IS Not Allocated TO Court.
- Order 2 · Case IS Not Allocated TO Court.
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