Court No. - 25 Case :- MISC. BENCH No. - 824 of 2010 Petitioner :- Ram Niwas Awasthi S/O Ram Pal Awasthi Respondent :- State Of U.P. Thru Secy. Home Affairs & Ors. Petitioner Counsel :- K.K. Tewari Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government
Advocate.
The petitioner, has approached this Court by filing the present petition under
Article 226 of Constitution, and has prayed for quashing FIR relating to
case crime no. 22 of 2010 under Sections 420, 409, 467, 468 and 471 IPC
read with Section 3/7 of the Essential Commodities Act of police Station
Pisawan, district Sitapur.
We have gone through the contents of the FIR and other documents annexed
hereto.
The FIR is outcome of an inquiry and the petitioner who happens to be fair
price shop allottee, during the course of inquiry, was found to have committed
offence under Section 3/7 Essential Commodities Act as well other sections
of the Indian Penal Code. In our opinion, since the allegations made in the
FIR disclose commission of cognizable offence as such the same cannot be
quashed.
However, seeing that the trivial nature of allegations against the petitioner
which are that he was selling kerosene oil at the rate of Rs. 11.00 per liter in
place of Rs. 10.50 per liter, we direct that unless and until some more cogent
and reliable evidence comes against the petitioner which may culminate in the
shape of report under Section 173 Cr.P.C., he shall not be arrested in the
above mentioned case crime number. Investigation shall go on and the
petitioner shall cooperate with the same.
With the above observations/directions, the petition is finally disposed of.
Order Date :- 2.2.2010
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