LAWS(UTN)-2020-1-32

VINOD KUMAR Vs. STATE OF UTTARAKHAND

Decided On January 06, 2020
VINOD KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of this application under Section 482 Cr.P.C., applicant has prayed for quashing the charge-sheet dated 09.08.2017 as well as the cognizance order dated 25.04.2018 passed by the Court of learned 2 nd Judicial Magistrate, Roorkee, District Haridwar in Connection with FIR No. 268 of 2017, under Section 3/7 of the Essential Commodities Act, 1955 , registered at P.S. Kotwali Gangnahar, Roorkee, District Haridwar.

(2.) Learned counsel for the applicant submits that there is no independent eye witness at the time of conducting raid into the shop of the present applicant.

(3.) Considering the facts and circumstances of the case, I find no reason to interfere with the criminal proceedings. Honble Supreme Court in catena of decisions has held that the power available to High Court under Section 482 of Cr.P.C. should be exercised in rarest of rare cases. This Court does not find that this case comes under that category.