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2016 Supreme(All) 3028
ALLAHABAD HIGH COURT
Ajai Lamba, Aditya Nath Mittal, JJ.
Rama Kant - Appellant
Versus
Superintendent of Police, Distt. Hardoi & Ors. - Respondent
Misc. Bench No. 11713 of 2015
Decided On : 08-03-2016
For the Petitioner: Satish Chandra Sitapuri
For the Respondent:Govt. Advocate
Challenges to the invoking of particular provisions of Penal Laws could be made at the appropriate stage of the proceedings.
Headnote:
Writ of Certiorari - Quashing of Criminal Proceedings - Indian Penal Code, Essential Commodities Act - 420, 467, 468, 471, 409, 3/7 - The court found prima facie evidence of the petitioner's involvement in forging Ration Cards and making fabricated entries in Distribution Register. The court refused to quash the criminal proceedings, stating that sufficient evidence had been presented to indicate the commission of the offense. The court also rejected the plea to remove Section 409 of the Indian Penal Code from the First Information Report, stating that such challenges could be made at the appropriate stage of the proceedings.
Fact of the Case:
The petitioner sought the quashing of a First Information Report lodged under Sections 420, 467, 468, 471, 409 of the Indian Penal Code and Section 3/7 of the Essential Commodities Act, alleging that a simple case under the Essential Commodities Act was being converted into a case of cheating and forgery.
Finding of the Court:
The court found prima facie evidence of the petitioner's involvement in forging Ration Cards and making fabricated entries in Distribution Register. It refused to quash the criminal proceedings, stating that sufficient evidence had been presented to indicate the commission of the offense.
Issues: The main issue was whether the court should quash the criminal proceedings and remove Section 409 of the Indian Penal Code from the First Information Report.
Ratio Decidendi: The court held that challenges to the invoking of particular provisions of Penal Laws could be made at the appropriate stage of the proceedings and rejected the plea to remove Section 409 of the Indian Penal Code from the First Information Report.
Final Decision: The court dismissed the petition seeking the quashing of the criminal proceedings and refused to remove Section 409 of the Indian Penal Code from the First Information Report.
Ajai Lamba and Aditya Nath Mittal, JJ. -- The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report lodged as Case Crime No.0530 of 2015, under Sections 420, 467, 468 471 & 409 Indian Penal Code and Section 3/7 of Essential Commodities Act, Police Station-Kasimpur, District-Hardoi (Annexure No.1).
2. Short affidavit has been filed in Court on behalf of the Prosecuting Agency alongwith the evidences collected in the course of investigation. The affidavit is taken on record.
3. In the affidavit, in paras- 6 to 8, the following stand has been taken on behalf of the Prosecuting Agency: -
"6. That during the course of investigation, statement of first informant, Yogendra Kumar, Supply Inspector, Sandeela, Hardoi, statement of the complainant, Ram Das, (Ex-Pradhan) and of few Card Holders, namely, Juddhi, Kushal, Heeralal, Bachey Lal and Chatra Pal were recorded under Section 161 Cr.P.C. wherein it was stated that the petitioner who was the Fair Price Shop Dealer of village-Kakainduwa, Police Station-Kasimpur, District-Hardoi used to forge the Ration Card and Distribution Register by making wrong entries of distributing Rice, Wheat, Sugar and Kerosene Oil to the BPL, Antyodaya and APL Card Holders. The copies of the statements of first informant, complainant and few Card Holders recorded under Section 161 Cr.P.C. are annexed herewith as Annexure No.CA-1 to CA-7.
7. That further it is stated that the petitioner use to sell the Essential Commodities beyond their prescribed prices and used to measure them less to its original weight. Apart from this the petitioner had given an application to the Sub-Divisional Magistrate, Sandeela, Hardoi on which a forged seal of Police Station-Kasimpur has been affixed. During the course of investigation, it was found that no such seal was affixed by the concerned police station. The statement of the concerned Constable Clerk who was posted on the said date was recorded under Section 161 Cr.P.C. A typed copy of the statement of the concerned Constable Clerk is annexed herewith as Annexure No.CA-8.
8. That, it is relevant to mention that about 27 Card Holders have given their affidavits to the Department of Food and Civil Supplies, U.P., Lucknow with the allegations that the petitioner has forcefully taken away their Ration Cards and is not returning back. The copies of the 27 affidavits and details of the missing Ration Cards are annexed herewith as Annexure No.CA-9 to CA-36. Apart from this 15 Card Holders have also stated in their affidavits that they have not received the ration for the last 3 months."
4. Contention of learned counsel for the petitioner is that a simple case under Essential Commodities Act is sought to be converted into a case of cheating and forgery.
5. We have considered the contention of learned counsel for the petitioner and learned counsel appearing for the Prosecuting Agency.
6. From the above extracted paragraphs of the counter affidavit, it has prima-facie become evident that petitioner was a Fair Price Shop Dealer and used to forge Ration Cards and would make fabricated entries in Distribution Register. It has further been made prima-facie evident that the petitioner has given an application to Sub-Divisional Magistrate, Sandila, District-Hardoi, on which, a forged seal of police-station-Kasimpur was affixed. As many as 27 Card Holders have given their affidavits with the allegation that the petitioner forcibly took their Ration Cards and is not returning them.
7. Considering the serious nature of allegations, we find no reason to entertain this petition for issuing a writ in the nature of certiorari so as to quash impugned criminal proceedings. We are satisfied that prima-facie offence has been committed and call for no interference in the investigation process. Investigation is still going on. It is for the Investigation Agency to draw conclusions on the basis of evidence collected in the course of investigation.
8. Lear
