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2003 DIGILAW 713 (PNJ)

Krishna Grover v. State of Haryana

2003-05-14

ASHUTOSH MOHUNTA

body2003
ORDER Ashutosh Mohunta, J. (Oral) - The petitioner-Krishna Grover had given an application ion 24.3.1995 at Sirsa to the Inspecting Judge alleging therein that she is being falsely implicated in a case F.I.R. No. 212 dated 29.6.1994 under Sections 7/10/55 of the Essential Commodities Act registered at Police Station City Sirsa. This application was treated as petition under Section 482 of the Code of Criminal Procedure for quashing the F.I.R. in question. 2. Today, the petitioner is present before me in person. She has argued that she was running a Ration Depot at Sirsa. On an earlier occasion she had filed a complaint against one Anoop Singh, Inspector Food & Supplies, Sirsa, as he had misbehaved with her. Mr. Anoop Singh in order to settle scores with the petitioner got her involved in the present case by joining hands with the police. It is further averred by the petitioner that she is a Typist in the Sirsa Court compound and she has never been indulging in any black-marketing of kerosene. 3. A perusal of the F.I.R. shows that the present case was registered against the petitioner by Sub Inspector Zile Singh of Police Station City Sirsa on a secret information received by him on 29.6.1994. The Informer is alleged to have informed the aforementioned Sub Inspector Zile Singh that the petitioner along with her husband Suresh Kumar are running a Fair Price Shop and they are selling kerosene in black and if a raid is conducted on their premises, then they can be caught red handed. 4. In pursuance to the secret information received, a raid was conducted and the petitioner was found pouring kerosene oil in Cans from the drums which were in her possession. On being asked as to how she had stored the kerosene oil, there was no satisfactory answer given by the petitioner. 5. A perusal of the F.I.R. shows that no kerosene oil was purchased by any of the persons involved in the raiding party. It is not stated as to what was the price of the kerosene oil and what was being actually charged by the petitioners. There is neither any averment nor any evidence on record to show that the petitioner was indulging in selling of kerosene oil in black. It is not stated as to what was the price of the kerosene oil and what was being actually charged by the petitioners. There is neither any averment nor any evidence on record to show that the petitioner was indulging in selling of kerosene oil in black. Thus, the F.I.R. prima-facie is absolutely false and no material particulars with regard to the black marketing being done by the petitioner have been disclosed in the F.I.R. As a result of the above discussion, I am of the opinion that the case registered against the petitioner is clearly an abuse of the process of Court. 6. Resultantly, I quash F.I.R. No. 212 dated 29.6.1994 registered at Police Station City Sirsa against the petitioner. All proceedings undertaken in pursuance to the registration of the F.I.R. also stand quashed. Petition allowed.