Prabhat Chandra Tripathi, J. - (1.) Heard Sri Shyam Sunder Mishra, learned counsel for the revisionist and learned A.G.A. for the State and perused the record.
(2.) The revisionist has made following prayers:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this revision and set aside the impugned judgement and order dated 3.3.2016 passed by the learned Special Judge, Essential Commodities Act/Additional District and Sessions Judge, Fatehpur in Criminal Appeal No.05 of 2016, Smt. Ram Mani Devi Versus State of U.P. and the order dated 3.5.2014 passed by the Collector, Fatehpur in Case No.08/12-13, State Versus Aditya Narayan Shukla, under Section 6-A Essential Commodities Act, Police Station Khaga, District Fatehpur. It is further prayed that this Hon'ble Court may kindly be pleased to direct the District Magistrate, Fatehpur to refund the amount of seized/confiscated wheat 317.15 quintal and rice 15.87 quintal in favour of the revisionist, otherwise the revisionist shall suffer with irreparable loss and injury, during the pendency of this revision or pass such other and further order, which this Hon'ble Court may deem fit and proper in the fact and circumstances of the case."
(3.) The arguments of the learned counsel for the revisionist are enumerated as below:- "(i) The confiscated wheat belonged to the revisionist. (ii) In the order dated 3.5.2014 of the learned court of the Collector, Fatehpur it has been admitted that the revisionist has filed Katauni but in the Kisan Bahi there is no mention of sale of food-grains. (iii) The revisionist is not named in the First Information Report as an accused person. (iv) The house of the revisionist and the fair price shop are situated adjacent to each other. (v) The learned court of the Special Judge, E.C. Act/Additional District and Sessions Judge, Fatehpur vide its order dated 3.3.2016 has not discussed the evidence adduced by the revisionist and has totally discarded that. (vi) No other arguments were advanced.";