Allahabad High Court
Haribabu vs State Of U.P. And 2 Others on 2 September, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 8697 of 2020 Petitioner :- Haribabu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anjani Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Anjani Kumar Dubey, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned Brief Holder for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner Haribabu with a prayer to quash the impugned F.I.R. dated 24.7.2020 , registered as Case Crime No.183 of 2020, under Section 3/7 Essential Commodities Act, 1955, P.S.- Thathiya, District Kannauj.
It has been contended by the learned counsel for the petitioner that the petitioner is a fair price shop owner and is running fair price shop since 2008 and there is no allegation showing any irregularity by any card holder or officials of concerned department. But the impugned F.I.R. has been lodged by the respondent no. 3 on the complaint that he has not distributed the food grains to card holders properly. He submits that the license of the petitioner has been suspended and cancellation proceeding has been initiated. He further submits that the allegation levelled against the petitioner is absolutely false and frivolous, hence the impugned F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner, namely, Haribabu shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any before the competent Court, but shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked, before the oncerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that the interim order passed by this Court in the present petition shall not prejudice the cancellation proceeding initiated against the petitioner.
Order Date :- 2.9.2020 Naresh (Samit Gopal, J.) (Ramesh Sinha, J.)