SUDHIR JAIN v. THE STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS
/8355/2025 · 2025-09-23
Rajeev Singh, Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162460 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162460 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8355 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE RAJEEV SINGH, J.
1. Case called out.
2. None is present on behalf of the petitioner whereas learned A.G.A. for the State is present.
3. This Court has passed the following order on 15.09.2025:-
"1. Heard Sri Chandan Srivastava, holding brief of Sri Pranshu Agrawal,
learned counsel for the petitioner and learned A.G.A. for the State.
2. This petition has been filed seeking following main relief:-
"(A) Issue a writ, order or direction in the nature of certiorari commanding the opposite parties for quashing the impugned F.I.R. (as contained in Annexure No.1), registered at Police Station Kotwali Dehat, District Sitapur, at FIR / Crime No.163/2025, under Sections 3/7 of the Essential Commodities Act, 1955 and Section 3 of the Fertilizer (Control)
Order, 1985 with the consequential inquiry, investigation being conducted on the basis of the said F.I.R."
3. Learned counsel for the petitioner submits that the impugned F.I.R. has been lodged on the basis of false and concocted story because the petitioner was selling fertilizers on the lower prices than the prices notified by means of order dated 10.01.2019, copy of which is annexed as Versus Counsel for Petitioner(s) : Pranshu Agrawal Counsel for Respondent(s) : G.A. Sudhir Jain .....Petitioner(s) The State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And 2 Others .....Respondent(s)
Annexure No.4 to this petition. Thus, he submits that no offence is made out.
4. Learned A.G.A. submits that he has received instructions but the same are not complete. He further submits that the petitioner has been granted anticipatory bail by the learned trial court.
5. Issue notice to the respondent No.3.
6. Steps be taken within 24 hours.
7. List on 23.09.2025 as fresh.
8. In view of above and allegations levelled in the F.I.R., the Investigating Officer as well as the respondent No.3 are directed to appear in person before this Court on the next date alongwith the relevant orders in regard to price of the fertilizers.
9. In addition to above, learned A.G.A. shall also inform the respondent No.3 through concerned Station House Officer for his appearance before this Court on the next date. "
4. In deference to the aforesaid order, the respondent No.3 : Sri Manjit Kumar, Fertilizer Inspector, District Agriculture Officer, District Sitapur, who is under suspension, is present in person before this Court. Sri Ram Chandra Yadav, the Investigating Officer is also present in person before this Court.
5. On a query, the Investigating Officer states that the petitioner is on anticipatory bail and the investigation is going on. He further states that since the punishment for offence, allegedly committed by the petitioner, entails sentence of less than seven years, therefore, question of arrest does not arise.
6. In view of above, the present petition is dismissed for non prosecution.
September 23, 2025 Saurabh CRLP No. 8355 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench