FARMEEDA BEGUM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.M. Iqbal Hasan, learned counsel for the applicant, Sri Girish Chandra Yadav, learned counsel for the opposite party no.2, Sri Arvind Kumar, learned AGA for the State and perused the record.

(2.) This criminal misc. application under sec. 482 Cr.P.C. has been filed to quash the entire criminal proceeding of Case No.4907 of 2021 (State Vs. Farmeeda Begum and others), including Charge Sheet No.68 of 2021, dtd. 18/3/2021, arising out of Case Crime No.412 of 2020, under Sec. 420, 467, 468, 471, 120-B, 409, IPC and sec. 3/7 Essential Commodities Act, Police Station Munda Pandey, District Moradabad, as well as cognizance order dtd. 26/3/2021, passed by Additional Chief Judicial Magistrate, Court No.1, Moradabad.

(3.) Applicant is an accused in the aforesaid case. FIR has been lodged on 21/11/2020, on the application of complainant Mohini Mishra, Supply Inspector, Tehsil Sadar Moradabad. The application addressed to the SHO/SO, Police Station Munda Pandey, District Moradabad, and it is mentioned that kindly take reference to the letter No.3814 dtd. 8/9/2020 of Additional Commissioner, Food and Supply Department, Moradabad, annexing the letter No.369 dtd. 22/6/2020 of Mr. Ashok Kumar Mishra, Deputy Secretary, Government of U.P. and letter No.256 dtd. 11/2/2020 of Vishal Bharadwaja, Staff Officer, Chief Secretary and Additional Director (Administration). The inquiry report of Food Cell, forwarded for necessary action. In continuation of the aforesaid you are hereby informed that the D.O. Letter No.110 dtd. 22/1/2020 of Mr. Dayanand Mishra, S.P. Food Cell, annexing the photocopy of the inquiry report of Mr. Umesh Chand Pandey, Police Inspector, Food Cell, dtd. 8/1/2022. According to inquiry report, the allegations levelled against Smt. Farmeeda Begum, was inquired by Mr. Umesh Chand Pandey, Police Inspector, Food Cell, Kanpur and according to inquiry report, Smt. Farmeeda Begum, has not properly distributed the Essential Commodities from April-2018 to July-2018, and she committed black marketing of it. The quantity of distributed commodities was determined by her own will and she has charged more price than the fixed price and has not distributed the commodities and kerosene oil. She has also committed forgery and cheating, by preparing false distribution register, false distribution certificate and false 'Farms Ka and Kha'. It is recommended that for the aforesaid act of Smt. Farmeeda Begum, a case under Sec. 420, 467, 468, 471, and 409, IPC and sec. 3/7 Essential Commodities Act, be registered against her and her agreement be cancelled. Mr. Mitra Pal Singh, the member of the Administrative Committee of Grama Panchayat, Mudiya Malookpur Mustkam, Block Munda Pandey, Tehsil and District Moradabad, in collusion with Smt. Farmeeda Begum has given a false certificate that Essential Commodities have been properly distributed, which shows his prima-facie involvement in the matter, hence case under Sec. 120-B, 420, 467, 468 and 471, IPC, be also registered against him. The agreement of fair price shop of Smt. Farmeeda Begum, Mudiya Malookpur, has already been cancelled on 21/5/2019 by the Sub-Divisional Magistrate, Sadar. After investigation charge sheet has been submitted.