B.K. Roy, R.K.Singh, JJ. - (1.) THE prayer of the Petitioner is to quash the First Information Report dated 14.8.1982 giving rise to Case Crime No. 256 of 1992 under Section 3/7 of the Essential Commodities Act, Police Station Bisalpur, district Pilibhit, as contained in Annexure -7.
(2.) A perusal of the document appended as Annexure -7 shows that it is a plain copy of report dated 14.8.1992 of Kuldip Singh, Marketing Inspector, Bareilly Headquarters R.F.O. Office. The document shows that along with it checking report as well as photocopy of the order of the Pargana Adhikari, Bisalpur were also attached with it. Sri A.N. Srivastava, the learned Counsel appearing on behalf of the Petitioner informs us that a copy of the checking report dated 10.8.1992 has been appended as Annexure -2 to the writ petition. He contended that since the allegation was of violation of the provisions of Sections 28(2) and 28(3) of the Scheduled Commodities Distribution Order, 1989. Which stood repealed before the alleged occurrence, the F.I.R. is liable to be quashed. He further contended that the F.I.R. was lodged at the instance of Respondent No. 5 who was Deputy Minister of State for Milk Development on account of political rivalry.
(3.) SRI P.K. Bisaria, learned standing counsel appearing on behalf of the State, on the other hand, contended that true it is that Clauses 28(2) and 28(3) of the Control Order were repealed but having regard to the peculiar facts and circumstances the Petitioner had committed an offence under Section 406 of the Indian Penal Code and thus this Court will not be justified in precluding the police from making statutory investigation and booking the Petitioner under the appropriate law. The allegation of mala fide lacks substance, which has not been supported by any cogent or reliable material. Accordingly, the writ petition be dismissed.;