Dismissed

Shyamveer Singh v. State of Up and Another

Allahabad HC29 Aug 2024A482/28237/2024

Case brief

AI extract

What is this about?

This High Court application under Section 482 Cr.P.C. sought to quash summoning orders and proceedings for black marketing. The court held that factual disputes and evidence appreciation were for the trial court, no mala fides were established, and the prima facie evidence of black marketing precluded quashing.

What did the court decide?

Application under Section 482 Cr.P.C. to quash the summoning order and entire criminal proceedings was dismissed.

Shyamveer Singh vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:138478

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 28237 of 2024

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Applicant :- Shyamveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused material on record.

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The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 16.07.2024 along with entire proceedings of Case No. 63516 of 2024, titled as State v. Shyamveer Singh, arising out of Case Crime No. 112 of 2023, under Section 3/7 of E.C. Act, P.S. Rasooppur, District Firozabad.

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The prosecution's case in brief is that the FIR was registered by the District Supply Inspector under Section 3/7 of E.C. Act against the applicant with the allegation that the applicant is owner of flour mill and 38 bags of rice were recovered from his flour mill which were to be used for the public distribution. The recovered rice bags were for the distribution to ration card holders but the same was purchased from the fair price shop of Munna Lal, Rasoolpur Nagar, District Firozabad at lesser price.

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Learned counsel for the applicant states that there is no recovery from the applicant and it was not established during investigation as to who is the owner of the recovered rice bags. The police has not conducted fair investigation and falsely implicated the applicant on the instigation of the Supply Inspector.

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Per-contra , learned A.G.A. has opposed the application and

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submits that 38 bags of rice have been recovered from the flour mill of applicant which were to be distributed to the card holders. The applicant has committed the offence of black marketing by purchasing the rice from the dealer of fair price shop at a low price.

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In the instant matter, the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order, so as to warrant any interference by this court in exercise of powers u/s 482 Cr.P.C.

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Perusal of record and on examination of document placed before the Court, its prima-facie observed that on spot inspection, carried out by the Supply Inspector, 38 bags of rice were recovered from the flour mill of applicant which were purchased at a low price which comes under the category of black marketing, therefore, no case for quashing of impugned proceedings is made out.

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The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed .

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Order Date :- 29.8.2024/A. Tripathi

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Justice Vinod Diwakar

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Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad

Shyamveer Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Shyamveer Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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