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Allahabad High Court · body

1985 DIGILAW 866 (ALL)

Shiv Narain v. State of U. P

1985-09-18

P.DAYAL

body1985
JUDGMENT P. Dayal, J. - The facts giving rise to this petition under Section 482, Cr.P.C. are that the petitioner Shiv Narain had a licence for running a fair price shop in Civil Lines, within the circle of P.S. Kotwali, district Barabanki. He sold sugar kerosene oil and palm oil in his shop. Some irregularities were found in the stock register and the stock which was sealed. Then a notice dated February 19, 1985 was given u the petitioner to show cause as to why his licence for the fair price shop he not cancelled. The petitioner tiled reply, vide Annex. ore 2 praying to be excused for the irregularities which were detected. The District Supply Officer found him guilty and imposed a fine of Rs. 100 on him which was realised from the amount of security which he had deposited and which security was forfeited. Also, he was warned to remain careful in future. 2. The petitioner furnished a fresh security and deposited the amount and he continued his business of that fair price shop. 3. The Area Rationing Officer then lodged F.I.R. against him in P.S. Kotwaii, Barabanki on June 29, 1985 regarding the irregularities which were found on September 1, 1984, September 3, 1984, and on subsequent dates for which a notice dated February 19, 1985 was given to the petitioner. As a sequel to this F.I.R. dated June 29, 1985, the District Magistrate, Barabanki suspended the licenceof the fair price shop of the petitioner by means of an order dated July 8, 1985. The petitioner filed an appeal before the Divisional Commissioner Faizahad who admitted the appeal and stayed the operation of the order dated July K, 1585 of the District Magistrate, Barabanki till the disposal of the appeal. 4. The petitioner filed the present petition under Section 482, Cr,P.C. for quashing the F.I.R. dated June 29, 1985. 5. The aforementioned facts show that some irregularities were found in the stock and the stock register of the fair price shop of the petitioner for which he was punished by the District Supply Officer on June 18. 1985 vide Annexure 3 and a fine of Rs. IOU was imposed and w,s realised, apart from the fact that he was warned to be careful in future. He had to furnish a fresh security for running the fair price shop of which he had licence. 1985 vide Annexure 3 and a fine of Rs. IOU was imposed and w,s realised, apart from the fact that he was warned to be careful in future. He had to furnish a fresh security for running the fair price shop of which he had licence. The Area Rationing Officer was a subordinate of the District Supply Officer Barahanki and he lodged F.I.R. on June 2YY 1985 vide Annexure 6 against the petitioner for the offences for which he was already punished by means of order dated June 19, 19F5 of the District Supply Officer, Barabanki. A person cannot be punished twice for the same offence for which he has been punished under the Constitution of India as well as under the provisions of Cr Y.C. The continuance of the F.I.R. would result into investigation and unnecessary to the petitioner. It appears that the Area Rationing Officer callously lodged the F.I.R. vide Annexure 6 without seeking the permission of a superior officer with a view to causing harassment to the petitioner. As such, this petition is fit to be allowed. 6. The petition is allowed and the F.I. R. dated June 29. 1985 vide Annexure against the petitioner is quashed.