Disposed

Ishwardeen , Ex Fair Price Shop Holder v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC24 Oct 2024CRLP/8067/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of a writ petition seeking quashing of an FIR under the Essential Commodities Act. Citing Section 35(3) of B.N.S.S., 2023 and Arnesh Kumar, the court relied on the investigating agency's admission regarding the prescribed sentence limit.

What did the court decide?

Petition disposed without order due to applicability of Section 35(3) of B.N.S.S., 2023.

Ishwardeen , Ex Fair Price Shop Holder Vs State of U.P… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:71724-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8067 of 2024

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Petitioner :- Ishwardeen , Ex Fair Price Shop Holder Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the petitioner, learned A.G.A. appearing for the State/opposite parties and perused the record.

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This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 12.10.2024, bearing Case Crime No.0433 of 2024, for the offence under Sections 3/7 Essential Commodities Act,1955, registered at Police Station Laharpur, District Sitapur.

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Learned counsel for the petitioner has submitted that the offences as alleged in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest him, which is against the mandates of Code of Criminal Procedure (Now Bhartiya Nagrik Surksha Sanhita, 2023).

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Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, provisions of Section 35(3) of B.N.S.S., 2023 shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

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Considering the stand of the investigating agency, learned counsel for the petitioner states that let this petition be disposed of in view of the above said facts.

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Accordingly, this petition is disposed of in view of the provisions of Section 35(3) of B.N.S.S., 2023 and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). Order Date :- 24.10.2024

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Arti/-

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[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Ishwardeen , Ex Fair Price Shop Holder v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Ishwardeen , Ex Fair Price Shop Holder v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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