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1988 Supreme(All) 264

G.B.SINGH
MAHABIR PRASAD AGARWAL – Appellant
Versus
STATE OF U P – Respondent


G. B. SINGH, J.

This is petition under Section 482, Cr. P. C to quash the proceedings arising out of the First Information Report Annexure No. 1 under Section 3/7 Essential Commodities Act and directing the opposite parties not to arrest the petitioners in connection with the crime registered on the basis of that report.

2. Mahabir Prasad petitioner No. 1 is the proprietor and Ayodhya Prasad Dubey petitioner No. 2 is the Munim of the Firm M/s Mahabir Trading Company, Payagpur district Bahraich. The firm is whole sellor of food-grains, oil seeds and pulses and Commission Agent of food-grains, pulses etc. On 24-3-1988 at about 2 p. m. the premises of the firm were inspected by Shri Sarvesh Narain Gaur, Marketing Inspector Payagpur opposite party No. 2 along with some other Marketing Inspectors and members of the police force. Mahabir Prasad petitioner No. 1 was not present at the shop. According to the first information report Ayodhya Prasad Dubey Munim petitioner No. (six) was present at the time of inspection but it has been disputed in the petition. The Marketing Inspector found shortage in the stock paddy, Khali and Alsi. According to the First Information Report the paddy was sho
































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