Allahabad High Court
Shailesh Kumar vs State Of U P And 2 Others on 4 November, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 11882 of 2020 Petitioner :- Shailesh Kumar Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Arvind Prabodh Dubey,Naushad Alam Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Arvind Prabodh Dubey, learned counsel for the petitioner, Mrs. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 26.10.2019 registered as Case Crime No. 336 of 2019, under Section 3/7 Essential Commodities Act, Police Station Gagaha, District Gorakhpur.
It has been argued by the learned counsel for the petitioner that a raid was conducted on the shop namely M/s Janta Urvarak Kendra, village Mahopar, Post Kaudiram, District Gorakhpur the proprietor of which was co-accused, Divakar Dubey and his license of fertilizer was suspended and cancelled against which he filed an appeal before the appellate authority and in the said appeal it was alleged that the fertilizer in question was purchased from the shop of the petitioner on the basis of which impugned FIR has been lodged against the petitioner as well as M/s Janta Urvarak Kendra proprietor, Divakar Dubey. He further argued that from the impugned FIR itself it is apparent that no sample was taken from the shop of the petitioner an it was taken from the shop of the co-accused, Divakar Dubey and the present FIR against the petitioner has been registered for his harassment only on a bald statement made by the co-accused in the appeal filed by him.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner namely, Shailesh Kumar, shall not be arrested in 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 computed 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 concerned 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.
Order Date :- 4.11.2020 AS Rathore (Samit Gopal,J.) (Ramesh Sinha,J.)