Court No. - 47

Case :- CRIMINAL MISC. WRIT PETITION No. - 8493 of 2022

Petitioner :- Sanjay Agarwal

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Kamal Kishor Mishra

Counsel for Respondent :- G.A.

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Umesh Chandra Sharma,J.

Heard Shri Kamal Kishor Mishra, learned counsel for the

petitioner and Shri G.P. Singh, learned A.G.A for the State

respondents.

The relief sought in this petition is for quashing of the F.I.R.

dated 06.06.2022 registered as Case Crime No.242 of 2022,

under Section 3/7 of Essential Commodities Act, 1995, P.S.

Hari Parvat, District Agra. Further prayer has been made not to

arrest the petitioner in the aforesaid case.

Learned counsel for the petitioner submits that all alleged

offences are punishable with imprisonment of seven years,

therefore the police authorities are bound to follow the

procedure laid down under Section 41-A Cr.P.C. The petitioner

has been wrongly implicated and could not be arrested. He has

placed reliance on the judgement of this Court dated 28.01.2021

in Criminal Misc. Writ Petition No.17732 of 2020 (Vimal

Kumar and 3 others vs. State of UP and 3 others) in which

guidelines have been framed following the judgement of the

Apex Court in different cases, relating to offences providing

punishment of seven years or less.

We have gone through the impugned first information report

and we are of the opinion that the guidelines framed by this

Court in the above noted judgement are equally applicable to

the facts of the instant case.

Accordingly, the instant petition also stands disposed of in

terms of judgement dated 28.01.2021 in Criminal Misc. Writ

Petition No.17732 of 2020 Vimal Kumar and 3 others vs.

State of UP and 3 others

Order Date :- 4.7.2022

Sachin/-

Digitally signed by SACHIN TIWARI

Date: 2022.07.04 17:10:15 IST

Reason:

Location: High Court of Judicature

at Allahabad