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Farmeeda Begum – Appellant
Versus
State of U. P. – Respondent
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
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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