Application to quash charge-sheet, cognizance/summoning order and proceedings in a rice black-marketing case under Sections 3/7 of the Essential Commodities Act was dismissed; the court held factual questions fall within trial court's arena and prima facie ingredients of the offence were made out.
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Neutral Citation No. - 2024:AHC:133272
Court No. - 80
Case :- APPLICATION U/S 482 No. - 26792 of 2024 Applicant :- Ashok Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.
Hon'ble Vinod Diwakar,J.
in which 15 bags of rice were recovered, which were taken for the black marketing from a fair price distribution shop. He submits that contention raised by counsel for the applicants is merely a defence, which cannot be looked into at this stage.
Order Date :- 20.8.2024
Shafique
Justice Vinod Diwakar
Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad
2 issues framed by the court
Whether the charge-sheet dated 19.12.2023, cognizance/summoning order dated 24.01.2024 and proceedings under Sections 3/7 ECA could be quashed under Section 482 Cr.P.C.
Whether the applicant's contention that no recovery was made from his possession warranted interference with the criminal proceedings.
2 provisions across 2 enactments
Ashok Kumar
State of UP and Another
Vinod Diwakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
