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2016 DIGILAW 2428 (ALL)

Dinesh Pal v. State of U. P.

2016-07-13

ALOK KUMAR MUKHERJEE, BHARAT BHUSHAN

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JUDGMENT Heard Sri Uttar Kumar Goswami, learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 17.6.2016 registered as Case Crime No.0231 of 2016, u/s 3/7 Essential Commodities Act, Police Station Shahbad, district Rampur. 3. Learned counsel for the petitioner submits that petitioner is fair price dealer and he has not committed any offence as alleged in the FIR. From perusal of the FIR it is not evident as to which provisions of Distribution Order, 2004 and Kerosene Control Order 1962 have been violated by the petitioner. 4. From the perusal of the F.I.R. it is clear that prima facie cognizable offence is made out against the petitioner. There is no ground for interference. Therefore, the prayer for quashing the impugned F.I.R. is refused. 5. However, it is directed that in case the petitioner appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 6. It is made clear that the petitioner will not be granted any further time by this Court for surrendering before the Court below as directed above. 7. It is further provided that if the investigation in this matter has been completed and police report u/s 173(2) Cr.P.C. has been filed before the competent court, the petitioner shall not be entitled to any benefit of this order. With the aforesaid directions, this petition is finally disposed of.