Surya Kala Devi vs The State Of U.P Thru Principal ...
2014 Latest Caselaw 3636 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 6593 of 2014
 

 
Petitioner :- Surya Kala Devi
 
Respondent :- The State Of U.P Thru Principal Secy., Home Lucknow And Ors.
 
Counsel for Petitioner :- Vijay Kumar Mishra
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Vishnu Chandra Gupta,J.

Heard learned counsel for the petitioner and learned A.G.A.

This petition has been filed by the petitioner Surya Kala Devi with a prayer to quash the FIR of case crime No. 670 of 2014 under section 3/7 Essential Commodities Act, P.S.  Mohanganj, District Amethi.

From the perusal of the FIR it appears that on the basis of allegation made therein the prima facie cognizable offence is made out. There is no scope of interfering in the FIR. Therefore, the prayer for quashing the FIR is refused.

However, considering the facts, it is directed that in case petitioner appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of in view of Smt. Amrawati and another Vs. State of U.P. 2005 Cr.L.J. 755 which has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Sigh Versus State of U.P reported in 2009(4) S.C.C. 437.

With this direction, this petition is finally disposed of.

Order Date :- 25.7.2014

RPD