- (1.) 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.";