SASHIBALA RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) MR . Mangal Singh Chauhan, learned counsel for the petitioner, contends that failure to make payment of the amount as directed by learned District Magistrate would not constitute an offence punishable under Section 409 I.P.C., as well as, under Section 3/7 Essential Commodities Act.

(2.) MR . M.A. Khan, learned AGA for the State/respondent Nos. 1 & 2, submits that since in the present petition, only question of law are involved, therefore, petition may be heard and disposed of today itself. With the consent of learned counsel for the parties, present petition is being heard and decided today itself.

(3.) IT is further contended in the FIR that petitioner, despite the order passed by District Magistrate, failed to make payment of the penalty, imposed by the District Magistrate in administrative capacity, therefore, FIR may be lodged against the petitioner for the offence punishable under Section 409 I.P.C. read with 3/4 of Essential Commodity Act.