BHARAT LAL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for petitioner.

(2.) Petitioner has come to this Court in this writ petition with prayer for quashing for first information report dated 26.11.2011 in case crime No. 1215 of 2011, under Sections 3/7 Essential Commodities Act, 1955 and 420 I.P.C., Police Station Guru Bux Ganj, District Raebareili.

(3.) From a bare perusal of first information report, it cannot be said that no office is made out. Learned counsel for petitioner, at this stage, submitted that Police is unauthorizedly trying to arrest the petitioner and, therefore, his arrest should be stayed till the report is submitted by Police. He placed reliance on a Division Bench Judgment of this Court in -Criminal Misc. Writ Petition No. 17410 of 2011 (Shaukin Vs. State of U.P. & others) decided on 14.12.2011-. A perusal of aforesaid judgment clearly shows that considering the peculiar facts and circumstances involved in that matter, the Court expressed its displeasure at the casual and routine manner by which the concerned Judicial Magistrate allowed judicial remand of accused on mere application moved by the concerned police officer without examining pre-conditions for granting judicial remand laid down in Section 41 (1) (b) Cr.P.C. and the decision of this High Court and Apex Court.