High Court · 2025

Applicant :- Ramawati And Anors. Opposite Party :- Gonda Counsel for Applicant :- Karunakar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter Affidavit filed on behalf of the State is taken on record. From perusal of the record, it transpires that on 03-10-2024, the Chief Judicial Magistrate, Gonda was directed to submit living status report of applicant no.1 namely, Ramawati and in compliance thereof, the report dated 09-10-2024 is placed before this court. Report dated 09-10-2024 transpires that the Village Pradhan as well as the police station concerned have certified that the applicant no.1, Ramawati, W/o Ram Karan, has died. Learned counsel for the applicant, on the basis of instructions received by Sri Ashok Kumar, S/o Ram Karan Verma has submitted that the applicant no. 1, Ramawati, has died. In view of the aforesaid, the instant application stands abated for applicant no. 1, namely, Ramawati. Heard learned counsel for the applicant no.2, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C. has been filed with the prayer for quashing the Chargesheet dated 19-11-2011, bearing Chargsheet No. 102/2011, filed in Case Crime No. 123/11 under sections 3/7 of the Essential Commodities Act, Police Station-Wazirganj, District-Gonda as well as for setting aside the summoning order dated 12-04-2013 passed by the learned Additional Chief Judicial Magistrate,First, Gonda in Case No. 924 of 2013(State Vs. Ramawati and another). The brief facts of the case are that on 18-05-2011, the first information report was lodged by the complainant/opposite party no. 2 against the applicant (Ramawati-dead) while alleging that the applicant, who is the fair price shop dealer and her son, who was looking after the business of fair price shop, had committed blackmarketing as the foodgrains to the Antyodaya Cardholders including the kerosene oil, were not distributed,which is evident from the statements of 29 cardholders and thereafter, the matter has been investigated and the chargesheet has been filed and the summoning order was issued on 12-04-2013 by the learned trial court. Thereafter, the instant application under section 482 Cr.P.C. has been filed while assailing the chargesheet as well as the summoning order. It is argued by the learned counsel for the applicant no. 2 that the license of fair price shop was issued to applicant no. 1 namely, Ramawati(dead) and there was all liability of applicant no. 1 so as to distribute the foodgrains and the control commodities to the various cardholders of the village concerned and the applicant no. 2 had no concern of any kind, though, he has falsely been implicated only on the hear say. He further submits that no material evidence could be collected while the enquiry was conducted against the applicants. Further submitted that the criminal liability, if any, could be fastened upon the person, who was entrusted the work of distribution of the control commodities. He has also drawn attention of this Court towards the order passed by the appellate authority dated 22.03.2012, wherein, it has been observed that prior to the passing of the order dated 23.05.2011 by the District Supply Officer, Gonda, neither any notice/chargesheet was served upon the applicant and further at the time of enquiry, the statement of the applicant was also not recorded and the appellate order also says that the stock was also not verified and further on the spot, no foodgrain/kerosene oil was recovered so as to substantiate that the applicant was involved in committing black marketing. Further added that after the order of the appellate authority, the fair price shop was being run by the applicant no. 1. He also submits that after the death of applicant no. 1, during the pendency of the appeal, the fresh allotment of the fair price shop license was done in favour of the wife of the applicant no. 2. He submits that there is no iota of evidence against the applicant no. 2 that he was ever involved in committing the offence and the Investigating Officer without collecting cogent piece of evidence, filed the chargeseet and learned trail court without application of mind has issued the summons dated 12.04.2013 against the applicant no. 2. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the Investigating Officer after thorough investigation filed the chargesheet and the learned trial court has rightly proceeded in this matter, but he could not dispute the fact that the appellate authority vide the order dated 22.03.2012, while considering the record on its docket, has observed that the applicants were not afforded opportunity of hearing by notice/chargesheet upon them and further, the stock was not verified. The State counsel has informed that the applicant no. 1, namely Ramawati has died and her death certificate is appended along with the counter affidavit. issuing Having heard learned counsel for the parties and after perusal of material placed on record, it reveals that the first information report was lodged against the applicants while alleging that they were involved in committing black marketing of the food grains and kerosene oil which were allocated for distribution amongst the poor persons/card holders of the village concerned. It is an admitted fact that the fair price shop license was granted in favour of the applicant no. 1 namely Ramawati(dead) and the applicant no. 2, being the son has been implicated. Further, the appellate authority while passing the interim order dated 22.03.2012, in Appeal No. 138 of 2012, has very specifically observed that no notice or chargesheet has ever been served upon the applicants prior passing the order dated 23.05.2011 by the District Supply Officer, Gonda. It has also been observed in the order that the statement of the applicants were also not recorded during the course of enquiry and even the stock was also not verified so as to come to the conclusion regarding the black marketing of the food grains and the kerosene oil. The State Counsel has also failed to substantiate that the applicant no. 1 was not running fair price shop after the order dated 22.03.2012 passed by the appellate authority. This Court also noticed that the prima facie, there seems to be no conclusive proof against applicant no. 2, regarding his involvement in black marketing of the food grains and kerosene oil, more so, the fair price shop license was in the name of the applicant no. 1, Ramawati(dead) and therefore, it was in- cumbent upon the applicant no.1 to run the fair price shop in a proper and fair manner and all the food grains and the kerosene oil is undoubtedly would have remain in the custody of applicant no. 1 and therefore, no criminal liability could be fasten upon the applicant. no.2 Under the aforesaid fact and circumstance of the case, this Court finds that it is a fit case where the criminal proceeding can be quashed. Resultantly, the criminal proceedings arising out Case Crime No. 123/11 under sections 3/7 of the Essential Commodities Act, Police Station-Wazirganj, District-Gonda as well as the summoning order dated 12-04-2013 passed by the learned Additional Chief Judicial Magistrate,First, Gonda in Case No. 924 of 2013(State Vs. Ramawati and another), are quashed so far as the applicant no. 2, is concerned. Consequently, the application under section 482 Cr.P.C. is hereby allowed. Consigned to records. Office is directed to communicate this order to the learned trial court concerned. Order Date :- 25.3.2025 AKS/Mayank ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Applicant :- Ramawati And Anors. Opposite Party :- Gonda Counsel for Applicant :- Karunakar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter Affidavit filed on behalf of the State is taken on record. From perusal of the record, it transpires that on 03-10-2024, the Chief Judicial Magistrate, Gonda was directed to submit living status report of applicant no.1 namely, Ramawati and in compliance thereof, the report dated 09-10-2024 is placed before this court. Report dated 09-10-2024 transpires that the Village Pradhan as well as the police station concerned have certified that the applicant no.1, Ramawati, W/o Ram Karan, has died. Learned counsel for the applicant, on the basis of instructions received by Sri Ashok Kumar, S/o Ram Karan Verma has submitted that the applicant no. 1, Ramawati, has died. In view of the aforesaid, the instant application stands abated for applicant no. 1, namely, Ramawati. Heard learned counsel for the applicant no.2, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C. has been filed with the prayer for quashing the Chargesheet dated 19-11-2011, bearing Chargsheet No. 102/2011, filed in Case Crime No. 123/11 under sections 3/7 of the Essential Commodities Act, Police Station-Wazirganj, District-Gonda as well as for setting aside the summoning order dated 12-04-2013 passed by the learned Additional Chief Judicial Magistrate,First, Gonda in Case No. 924 of 2013(State Vs. Ramawati and another). The brief facts of the case are that on 18-05-2011, the first information report was lodged by the complainant/opposite party no. 2 against the applicant (Ramawati-dead) while alleging that the applicant, who is the fair price shop dealer and her son, who was looking after the business of fair price shop, had committed blackmarketing as the foodgrains to the Antyodaya Cardholders including the kerosene oil, were not distributed,which is evident from the statements of 29 cardholders and thereafter, the matter has been investigated and the chargesheet has been filed and the summoning order was issued on 12-04-2013 by the learned trial court. Thereafter, the instant application under section 482 Cr.P.C. has been filed while assailing the chargesheet as well as the summoning order. It is argued by the learned counsel for the applicant no. 2 that the license of fair price shop was issued to applicant no. 1 namely, Ramawati(dead) and there was all liability of applicant no. 1 so as to distribute the foodgrains and the control commodities to the various cardholders of the village concerned and the applicant no. 2 had no concern of any kind, though, he has falsely been implicated only on the hear say. He further submits that no material evidence could be collected while the enquiry was conducted against the applicants. Further submitted that the criminal liability, if any, could be fastened upon the person, who was entrusted the work of distribution of the control commodities. He has also drawn attention of this Court towards the order passed by the appellate authority dated 22.03.2012, wherein, it has been observed that prior to the passing of the order dated 23.05.2011 by the District Supply Officer, Gonda, neither any notice/chargesheet was served upon the applicant and further at the time of enquiry, the statement of the applicant was also not recorded and the appellate order also says that the stock was also not verified and further on the spot, no foodgrain/kerosene oil was recovered so as to substantiate that the applicant was involved in committing black marketing. Further added that after the order of the appellate authority, the fair price shop was being run by the applicant no. 1. He also submits that after the death of applicant no. 1, during the pendency of the appeal, the fresh allotment of the fair price shop license was done in favour of the wife of the applicant no. 2. He submits that there is no iota of evidence against the applicant no. 2 that he was ever involved in committing the offence and the Investigating Officer without collecting cogent piece of evidence, filed the chargeseet and learned trail court without application of mind has issued the summons dated 12.04.2013 against the applicant no. 2. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the Investigating Officer after thorough investigation filed the chargesheet and the learned trial court has rightly proceeded in this matter, but he could not dispute the fact that the appellate authority vide the order dated 22.03.2012, while considering the record on its docket, has observed that the applicants were not afforded opportunity of hearing by notice/chargesheet upon them and further, the stock was not verified. The State counsel has informed that the applicant no. 1, namely Ramawati has died and her death certificate is appended along with the counter affidavit. issuing Having heard learned counsel for the parties and after perusal of material placed on record, it reveals that the first information report was lodged against the applicants while alleging that they were involved in committing black marketing of the food grains and kerosene oil which were allocated for distribution amongst the poor persons/card holders of the village concerned. It is an admitted fact that the fair price shop license was granted in favour of the applicant no. 1 namely Ramawati(dead) and the applicant no. 2, being the son has been implicated. Further, the appellate authority while passing the interim order dated 22.03.2012, in Appeal No. 138 of 2012, has very specifically observed that no notice or chargesheet has ever been served upon the applicants prior passing the order dated 23.05.2011 by the District Supply Officer, Gonda. It has also been observed in the order that the statement of the applicants were also not recorded during the course of enquiry and even the stock was also not verified so as to come to the conclusion regarding the black marketing of the food grains and the kerosene oil. The State Counsel has also failed to substantiate that the applicant no. 1 was not running fair price shop after the order dated 22.03.2012 passed by the appellate authority. This Court also noticed that the prima facie, there seems to be no conclusive proof against applicant no. 2, regarding his involvement in black marketing of the food grains and kerosene oil, more so, the fair price shop license was in the name of the applicant no. 1, Ramawati(dead) and therefore, it was in- cumbent upon the applicant no.1 to run the fair price shop in a proper and fair manner and all the food grains and the kerosene oil is undoubtedly would have remain in the custody of applicant no. 1 and therefore, no criminal liability could be fasten upon the applicant. no.2 Under the aforesaid fact and circumstance of the case, this Court finds that it is a fit case where the criminal proceeding can be quashed. Resultantly, the criminal proceedings arising out Case Crime No. 123/11 under sections 3/7 of the Essential Commodities Act, Police Station-Wazirganj, District-Gonda as well as the summoning order dated 12-04-2013 passed by the learned Additional Chief Judicial Magistrate,First, Gonda in Case No. 924 of 2013(State Vs. Ramawati and another), are quashed so far as the applicant no. 2, is concerned. Consequently, the application under section 482 Cr.P.C. is hereby allowed. Consigned to records. Office is directed to communicate this order to the learned trial court concerned. Order Date :- 25.3.2025 AKS/Mayank ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench