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2025 DAILYLAW 32595 (RAJ)

MAJNU S/O SHRI RAM KHILADI v. STATE OF RAJASTHAN

CRLMP/7390/2024 · 2025-01-06

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7390/2024 Majnu S/o Shri Ram Khiladi, Aged About 50 Years, R/o Basai Ghiya Ram Tehsil Raja Khera District Dholpur F.p.s. Code- 18876, Fair Price Shop Keeper Village Panchayat Basai Ghiya Ram Tehsil Raja Khera. ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Shri Gajendra Babu Sharma, R/o C 27 Jawahar Nagar Bharatpur, Hal Pravartan Nirikshak Dholpur. ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Sharma For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 06/01/2025 1. By way of filing of this petition, FIR No.237/2024 registered against the petitioner at Police Station Rajakhera, District Dholpur for the offence under Sections 3/7 of the Essential Commodities Act, 1955 (for short "the Act of 1955") has been challenged. 2. Learned counsel for the petitioner submits that before lodging of FIR against the petitioner, no inquiry has been conducted as per the provisions of Clause 8 of the Rajasthan Food Grains and Other Essential Articles (Regulation of Distribution) Order, 1976 (for short, 'the Order, 1976'). Counsel submits that under these circumstances, interference of this Court warranted. (2 of 2) [CRLMP-7390/2024] 3. Heard and considered the submissions made at Bar and perused the material available on the record. 4. Perusal of the record indicates that with regard to the allegation of non-distribution of food grains, an FIR under Section 3/7 of the Act of 1955 has been registered against the petitioner. This Court finds no substance in the argument raised by the counsel for the petitioner that before lodging of FIR against the petitioner, an inquiry is required to be conducted as per the provisions of Clause 8 of the Order, 1976. From perusal of the provisions contained under Order 8 of the Order, 1976, it is clear that before passing any order of suspension/ cancellation of authorization, an inquiry is required to be conducted, but no such provision has been mentioned in the aforesaid order that before lodging of any FIR also, such inquiry is required to be conducted. This Court finds no merit and substance in this petition. 5. Accordingly, the instant criminal misc. petition stands rejected. The stay application and all pending applications, if any, also stand rejected. (ANOOP KUMAR DHAND),J KuD/187