Allahabad High Court
Proprietor Gyanesh Kumar Dixit @ Bablu ... vs State Of U.P. Thru. Secy. Deptt. Home ... on 7 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 6376 of 2023 Applicant :- Proprietor Gyanesh Kumar Dixit @ Bablu Dixit Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the impugned Chargesheet dated 23-03-2022 as under Case Crime No. 22 of 2020, under section 3/7 of the Essential Commodities Act,1955, Police Station-Khairabad,District-Sitapur,which is pending against the present applicant in the learned court of Additional Chief Judicial Magistrate-I, Sitapur in Case No. 1635 of 2023(State Vs. Proprietor Gyanesh Kumar Dixit @ Bablu Dixit) as well as the impugned orders dated 04-04-2023 and 03/05/2023, whereby the learned court of Additional Chief Judicial Magistrate-I, Sitapur has taken cognizance of the said impugned chargesheet and summoned the present applicant in the said court.
Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant matter. He next added that infact the present applicant is owner of a fertilizer shop and the administrative authorities having inimical with the applicant,raided the fertilizer shop of the applicant on Sunday, which was a closure day. Adding his arguments, he submits that thereafter, the investigation proceeded and the final report was submitted. Thereafter, the matter was transferred to the other investigating agencies for further five times and all of them filed the police report stating therein that no case is made out against the present applicant. He next added that infact the provisions of Section 3/7 of the Essential Commodities Act, do no attract in the instant matter and the present applicant is being harassed for his no fault and thus, submission is that the criminal proceedings against the present applicant may be quashed.
On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the applicant is named in the first information report and after thorough investigation, it was found that the present applicant was involved in committing offence and as such, he is not entailed for any relief.
The matter requires consideration.
List/put up this matter in the Second Week of August, 2023.
In the meantime, learned A.G.A. may file Counter Affidavit.
Till the next date of listing, the proceedings initiated in pursuance of impugned Chargesheet dated 23-03-2022 as under Case Crime No. 22 of 2020, under section 3/7 of the Essential Commodities Act,1955, Police Station-Khairabad,District-Sitapur,which is pending against the present applicant in the learned court of Additional Chief Judicial Magistrate-I, Sitapur in Case No. 1635 of 2023(State Vs. Proprietor Gyanesh Kumar Dixit @ Bablu Dixit) as well as the impugned orders dated 04-04-2023 and 03/05/2023, shall remain stayed so far as the present applicant is concerned.
Order Date :- 7.7.2023 AKS