Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11143 of 2010 Petitioner :- Shiv Singh @ Nanhe Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Hardev Singh Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioner and the learned AGA.
By this writ petition, the petitioner has prayed for quashing of the FIR in Case
Crime No.164 of 2010, under Section 3/7 Essential Commodities Act, P.S.
Juhi, District Kanpur Nagar.
Learned counsel for the petitioner submits that the FIR has been lodged
although the petitioner’s fair price shop agreement has not been suspended. It
is submitted that some irregularities have been found.
A perusal of FIR discloses prima facie commission of offence. We are of the
view that it is not a fit case for exercise of jurisdiction under Article 226 of
the Constitution of India. We see no good ground to quash the impugned FIR.
However, looking into the facts and circumstances of the case, it is provided
that till the submission of report under Section 173(2) Cr.P.C. the petitioner
be not arrested in pursuance of Case Crime No.164 of 2010, under Section 3/7
Essential Commodities Act, P.S. Juhi, District Kanpur Nagar.
In view of the aforesaid observations, the writ petition is disposed of.
Order Date :- 29.6.2010
Mustaqeem.