Allahabad High Court
Rajesh Jaiswal & Anr. vs State Of U.P., Thru. Secretary, Home & ... on 22 July, 2010
Bench: Raj Mani Chauhan, Virendra Kumar Dixit
Court No. - 20 Case :- MISC. BENCH No. - 6813 of 2010 Petitioner :- Rajesh Jaiswal & Anr. Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Sanjeev Singh Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon'ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A. This petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned F.I.R. dated 16.07.2010 registered as Case Crime No. 1255 of 2010 under Sections 3/7 Essnetial Commodities Act, 1955 Police Station Safipur, district Unnao and also for direction to the opposite parties not to arrest the petitioners in pursuance to the said impugned F.I.R. The submission of the learned counsel for the petitioners is that the petitioner no.1 is a Fair Price Shop Licensee. The shop in which he was having foodgrains was short of accommodation, therefore, was not possible for the petitioners to sell the kerosene oil from the same shop. The petitioner no.1 had already informed the Supply Inspector to storage and selling of kerosene oil from the shop of one Urmila Devi, the said shop was raided by the complainant and others. The accused- petitioners therefore, have not committed any offence under Section 3/7 Essential Commodities Act, 1955. Therefore, the petitioners, deserve for interim protection during the investigation. Learned A.G.A. has argued that petitioner no.2 brother of petitioner no.1 was sitting in the shop which was raided by the complainant and the drum of kerosene oil were found there. These facts supported the petitioner no.2 was involved in black marketing of kerosene oil, Therefore, the petitioners does not deserve any interim protection during the investigation.
We have gone through the contents of FIR, which disclose commission of cognizable offence, as such, the same cannot be quashed. The petition is, therefore, dismissed.
Keeping, in view the facts and circumstances of the case, it is provided that in case the petitioners appear before the court concerned and move any bail application, the same will be disposed of by the courts below expeditiously preferably on the same day.
Order Date :-
Order Date :- 22.7.2010 Amit