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2017 DIGILAW 2269 (RAJ)

Bhabhut Singh S/o Shri Dhan Singh v. State of Rajasthan Through Public Prosecutor

2017-10-30

PUSHPENDRA SINGH BHATI

body2017
ORDER : PUSHPENDRA SINGH BHATI, J. Petitioner has preferred this misc. petition under Section 482 of Cr.P.C in the matter of Rajasthan Food grains & other Essential Articles (Regulation of Distribution) Order, 1976 and quashing of FIR No. 0212/2017 Police Station Gogunda, Udaipur dated 15.08.2017 for the alleged offences under Sections 3/7 of the Essential Commodities Act, 1955 2. Learned counsel for the petitioner states that this controversy is squarely covered by the decision of Kishan Lal v. State of Rajasthan in S.B Criminal Misc. Petition No. 2879/2017 decided on 04.09.2017, the order of this Court reads as under:— “1. Petitioner has preferred this misc. petition under Section 482 of Cr.P.C for quashing of FIR No. 134/2017 Police Station Jhadol, District-Udaipur (Raj.) for offence under Section 3 and 7 of the Essential Commodities Act, 1955. 2. Learned counsel for the petitioner has shown one letter dated 04.08.2017 issued to the Additional Food Commissioner, Food and Civil Supplies Department, Rajasthan Jaipur, in which reference was given of communication to him by District Collector vide which the matter was to be re-investigated and rather than re-investigation, the respondents have filed FIR against the present petitioner. The petitioner has also filed a proper application before the concerned authority as reflected in the order dated 04.08.2017 3. Learned counsel for the petitioner submits that the petitioner want to submit a representation along with all the relevant documents before the concerned investigating authority. 4. Learned Public Prosecutor assures this Court that if the petitioner submit a representation along with all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation. 5. In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioner submit a representation along with all the necessary documents before it within a period of ten days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor. However, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioners shall be given 15 days notice before making such arrest. However, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioners shall be given 15 days notice before making such arrest. The petitioner shall be at liberty to approach this Court again, in case need arises.” 3. Learned counsel for the petitioner further submits that the petitioner wants to submit a representation along with all the relevant documents before the concerned investigating authority. 4. Learned Public Prosecutor assures this Court that if the petitioner submits a representation along with all the necessary documents before the concerned investigating authority within a period of ten days from today, then the same shall be considered and decided strictly in accordance with law, before completing the investigation. 5. In light of the aforesaid assurance given by learned Public Prosecutor, the present misc. petition is disposed of with a direction to the concerned investigating authority that in case the petitioner submits a representation along with all the necessary documents before it within a period of ten days from today, then the same shall be considered and decided before completing the investigation, strictly in accordance with law and as per the assurance given by the learned Public Prosecutor. However, if during the investigation, the concerned investigating authority needs to arrest the petitioner, then the petitioner shall be given 15 days notice before making such arrest. The petitioner shall be at liberty to approach this Court again, in case need arises. However, the petitioner shall be required to completely cooperate with the investigation.