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IN THE HIGH COURT OF ALLAHABAD
Syed Aftab Husain Rizvi, J.
Smt. Farmeeda Begum – Applicant
Versus
State of U.P. and Another - Opposite Parties
Application U/s 482 No. 14626 of 2021
Decided On : 19-04-2022
Indian Penal Code, 1860 - Sections 420, 467, 468, 471, & 409 - Essential Commodities Act - Section 3/7 - Committed Forgery and Cheating - Forgery of valuable security, will, etc - Forgery for purpose of cheating - Application of complainant, Supply Inspector - Application addressed to SHO/ SO, Police Station, District Moradabad, and it is mentioned that kindly take reference to letter of Additional Commissioner, Food & Supply Department, annexing letter of Deputy Secretary, Government of U.P. and letter - Inquiry report of Food Cell, forwarded for necessary action - In continuation of aforesaid you are hereby informed that D.O. Letter, S.P. Food Cell, annexing photocopy of the inquiry report, Police Inspector, Food Cell - It is clear from the analysis of material on record that the criminal proceeding of this case is maliciously attended with malafide (Para 10).
Findings of the Court :
Section 7 refers to contravention of any order made under Section 3 - It is essential for bringing in application of Section 7 to show that some order has been made under Section 3 and order has been contravened - Section 3 deals with powers to control production, supply, distribution etc. of essential commodities - Exercise of such powers, can be done by "order". According to Section 2(c) "notified order" means an order notified in official Gazettee, and Section (CC) provides that "order" includes a direction issued thereunder - It is clear from analysis of material on record that criminal proceeding of this case is maliciously attended with malafide - It has been instituted with an ulterior motive for wreaking vengeance on the accused- applicant with a view to spite him due to private and personal grudge - It is also clear that, even if evidence available on the record is taken on its face value as true, even then it will not be sufficient to convict the accused-applicant
Result : Application allowed.
JUDGMENT :
1. Heard Sri S.M. Iqbal Hasan, learned counsel for the applicant, Sri Girish Chandra Yadav, learned counsel for the opposite party no.2, Sri Arvind Kumar, learned AGA for the State and perused the record.
2. This criminal misc. application under section 482 Cr.P.C. has been filed to quash the entire criminal proceeding of Case No.4907 of 2021 (State Vs. Farmeeda Begum and others), including Charge Sheet No.68 of 2021, dated 18.03.2021, arising out of Case Crime No.412 of 2020, under sections 420, 467, 468, 471, 120-B, 409, IPC and section 3/7 Essential Commodities Act, Police Station Munda Pandey, District Moradabad, as well as cognizance order dated 26.03.2021, passed by Additional Chief Judicial Magistrate, Court No.1, Moradabad.
3. Applicant is an accused in the aforesaid case. FIR has been lodged on 21.11.2020, on the application of complainant Mohini Mishra, Supply Inspector, Tehsil Sadar Moradabad. The application addressed to the SHO/ SO, Police Station Munda Pandey, District Moradabad, and it is mentioned that kindly take reference to the letter No.3814 dated 08.09.2020 of Additional Commissioner, Food & Supply Department, Moradabad, annexing the letter No.369 dated 22.06.2020 of Mr. Ashok Kumar Mishra, Deputy Secretary, Government of U.P. and letter No.256 dated 11.02.2020 of Vishal Bharadwaja, Staff Officer, Chief Secretary & Additional Director (Administration). The inquiry report of Food Cell, forwarded for necessary action. In continuation of the aforesaid you are hereby informed that the D.O. Letter No.110 dated 22.01.2020 of Mr. Dayanand Mishra, S.P. Food Cell, annexing the photocopy of the inquiry report of Mr. Umesh Chand Pandey, Police Inspector, Food Cell, dated 08.01.2022. According to inquiry report, the allegations levelled against Smt. Farmeeda Begum, was inquired by Mr. Umesh Chand Pandey, Police Inspector, Food Cell, Kanpur and according to inquiry report, Smt. Farmeeda Begum, has not properly distributed the Essential Commodities from April-2018 to July2018, and she committed black marketing of it. The quantity of distributed commodities was determined by her own will and she has charged more price than the fixed price and has not distributed the commodities and kerosene oil. She has also committed forgery and cheating, by preparing false distribution register, false distribution certificate and false 'Farms Ka & Kha'. It is recommended that for the aforesaid act of Smt. Farmeeda Begum, a case under sections 420, 467, 468, 471, & 409, IPC and section 3/7 Essential Commodities Act, be registered against her and her agreement be cancelled. Mr. Mitra Pal Singh, the member of the Administrative Committee of Grama Panchayat, Mudiya Malookpur Mustkam, Block Munda Pandey, Tehsil and District Moradabad, in collusion with Smt. Farmeeda Begum has given a false certificate that Essential Commodities have been properly distributed, which shows his prima-facie involvement in the matter, hence case under sections 120-B, 420, 467, 468 and 471, IPC, be also registered against him. The agreement of fair price shop of Smt. Farmeeda Begum, Mudiya Malookpur, has already been cancelled on 21.05.2019 by the Sub-Divisional Magistrate, Sadar. After investigation charge sheet has been submitted.
4. Contentions of learned counsel for the applicant are that the applicant is a fair price shop dealer. She was running her shop in strict compliance by the provision of Control Orders under the supervision of three layer system i.e. distribution through camp, monitoring and checking by village Administrative Committee and third by the officials of the department. The frivolous and false complaint dated 17.07.2018 was lodged against the applicant by the rival group alleging that she has not properly distributed the commodities. Prior to this complaint also a complaint was made against the applicant pursuant thereto the cancellation order was passed and the Hon'ble High Court was pleased to stay the cancellation order by means o
SupremeToday
Point of Law : It is clear from the analysis of material on record that the criminal proceeding of this case is maliciously attended with malafide.
Procedural lapses in FIR registration render subsequent search and seizure invalid, emphasizing the importance of following legal protocol in criminal actions.
Mandatory registration of FIR is required for cognizable offences, and failure to adhere to this process invalidates subsequent legal actions.
The cancellation of a fair-price-shop license is invalid if the authority that conducted the inquiry also decides the merits of the case, violating procedural requirements.
Mandatory registration of FIR is required for cognizable offences, and unlawful seizure of goods without proper procedure contravenes established legal principles.
The judgment established that a summary inquiry for the cancellation of a fair price shop license does not require the supply of the inquiry report to the licensee or a detailed hearing, and that the....
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