Hon’ble Ajay Bhanot, J.—The petitioner is a fair price shop licensee of Gram Panchayat Sutari, Tehsil Hasanpur, District Amroha. Certain allegations of malpractices and irregularities committed by the petitioner in distribution of essential commodities caused the lodgement of a F.I.R. against the petitioner. The F.I.R. was lodged on 17.3.2018 as Case Crime No. 0089 of 2018 under Section 3/7 of the Essential Commodities Act, at P.S. Said Nagli, District Jyotiba Phule Nagar. Subsequent to the lodgement of the F.I.R., an order was passed on 28.3.2018 suspending the license of the petitioner. The order dated 28.3.2018 also directed the petitioner to show-cause on the said allegations of malpractices in distribution of essential commodities within a week. The petitioner submitted an application dated 5.5.2018 stating therein that he is not able to submit his explanation within the time specified due to an illness and requested for ten days further time to give his reply.

2. The petitioner has assailed the order dated 28.3.2018 suspending his license and asking him to show-cause on the allegations of malpractices, in the instant writ petition.

3. Sri Jai Singh Yadav, learned counsel for the petitioner submits that the licence of the petitioner could not be suspended merely on the lodgement of the F.I.R.. He relies upon the Full Bench judgment of this Court in the case of Bajrangi Tiwari v. Commissioner, Devi Patan Mandal Gonda and another, 2018(6) ADJ 177 (LB). He also contends that both civil and criminal proceedings cannot continue simultaneously.

4. Sri Devesh Vikram, learned Standing Counsel in opposition to the submissions made on behalf of the petitioner, contends that the license of the petitioner has not been suspended solely on the ground of lodgment of FIR. The law laid down by the Full Bench of this Court in the case of Bajrangi Tiwari (supra) is not applicable to the facts of this case. Learned Standing Counsel further submits that civil and criminal proceedings can be prosecuted simultaneously.

5. Heard learned counsel for the parties.

6. A perusal of the show-cause notice dated 28.3.2018 discloses that on receipt of complaints of black marketing of essential commodities and consequent orders of the competent authority, a surprise on site inspection was made by the Supply Inspector, Hasanpur on 14.3.2018. The Supply Inspector reached the fair price shop in village Sutari and found the shop locked up. Enquiries from family members of the dealer (petitioner) revealed that the petitioner had gone out. A demand for keys of the lock was made to the family of the petitioner. The demand was declined by the wife of the petitioner stating that the keys were not in her possession. A large number of card holders had gathered at the site. Seeing the card holders, the Supply Inspector asked them to be present on 15.3.2018 for a more detailed enquiry. On 15.3.2018 at 10.30 a.m., the Supply Inspector, Hasanpur, accompanied by police constables Vikrant and Akshay from Police Station-Saidangali reached the site of the shop. The petitioner was not present at the shop. The members of the family disclosed that the petitioner was not available as he had gone out. A demand was again made for the stock and sale registers and the keys of the shop. The family members informed the Supply Inspector that the key and the registers were not with them. Consequently, in the presence of police constables Vikrant Singh and Akshay Kumar and various members of the village panchayat, Sutari including Ompal, Veer Singh, Kunwar Pal, Jaipal, Gajram, Jogendra and others the lock of the shop was broken open. The shop was inspected. In the physical inspection of the shop certain essential commodities in different quantities were found. The commodities so found were made over to the custody of Rajveer Singh, fair price shop dealer of village panchayat, Sakatpur, Karanpur. The complaints of the villagers/card holders were then recorded. A large number of v