Allahabad High Court
Manju Gupta vs State Of U.P. And 3 Others on 7 August, 2020
Bench: Ramesh Sinha, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 7651 of 2020 Petitioner :- Manju Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vivek Kumar Maheshwari Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Ravi Nath Tilhari,J.
Learned counsel for the petitioner submits that he has filed a supplementary affidavit in the Registry of this Court on 28.7.2020. Office is directed to trace out the same and place it on record.
Heard Sri V.K. Maheshwari, learned counsel for the petitioner, Sri A.R.Chaurasia,learned A.G.A. 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 with a prayer to quash the impugned F.I.R. dated 22.2.2020, registered as Case Crime No.24 of 2020, under Section 3/7 of the Essential Commodities Act, 1955, Police Station Manikpur, District Chitrakoot.
It has been contended by the learned counsel for the petitioner that the petitioner is Proprietor of M/s Kanishka Agencies, D-5 Industrial Area, Naini, Prayagraj which is a registered firm and the main business of the petitioner's firm is manufacturing and distribution of fertilizers. The petitioner's firm is having valid certificate of manufacturing from Registering Authority/Joint Director of Agriculture (Fertilizer), U.P., Lucknow. He further submits that the sample of fertilizer was taken from M/s. Shiv Nayak Khad Bhandar, Manikpur, District Chitrakoot, who has preferred an appeal against the notice issued, by which he was stopped from selling fertilizer and in said the appeal the competent authority has ordered for re-resting of the sample on 20.7.2020, copy of which has been annexed along with the supplementary, which is said to have been filed in the Registry of this Court on 28.7.2020. He next argued that the petitioner who is a lady is being harassed in pursuance of the impugned F.I.R., though no offence is made out against her, hence, the F.I.R. is liable to be quashed.
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, Smt. Manju Gupta 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.
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.
(Ravi Nath Tilhari, J.) (Ramesh Sinha, J.) Order Date :- 7.8.2020/NS