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1993 Supreme(All) 390

KUNDAN SINGH, K.NARAYANA KURUP
NATHO MAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
V.K.Chaturvedi

K. NARAYAN, J.

( 1 ) THIS petition under Art. 226 of the Constitution of India has been brought for the relief of quashing the first information report in case crime No. 74 of 1991 under S. 3 / 7 of the Essential Commodities Act, P. S. Khairagarh District Agra and for a direction to the respondents not to arrest the petitioner in the matter of the alleged crime.

( 2 ) ACCORDING to the petitioner, he holds a licence under the Essential Commodities Act and there was an F. I. R. against him under S. 3/7 of the said Act, on 26-7-1991 by one Arun Kumar Dixit, Magistrate, Khairagarh, District Agra. As the allegations are, the only discrepancy was that the rate board was not properly filled in and that there was shortgage of one bag of mustared oil seed. The investigation, according to the petitioner ended in a final report under S. 173, Cr. P. C. but the Senior Prosecuting Officer has recorded some disagreement and consequently there is likelihood of his arrest. It was also urged that the provisions relating to the maintenance of the rate board are not applicable to him in view of some Division Bench decision of this Court. For that matter, it may be mentioned that the Division Bench dec







































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