KRISHNA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Affidavit of compliance filed by learned A.G.A. is taken on record.

(2.) Heard Sri Avdhesh Narayan Tiwari, learned counsel for the petitioner, Sri H.P. Gupta, learned A.G.A. for the State and perused the record.

(3.) Instant petition has been filed with prayer to set aside the order dtd. 26/6/2023 passed by the Additional District and Sessions Judge/Special Judge (E.C. Act), Jalaun at Orai in Criminal Appeal No.53 of 2022, Krishna Kumar Vs. State of U.P. through D.G.C. Criminal Jalaun at Orai and the Judgment and order dtd. 23/9/2022 passed by the Additional District Magistrate (Judicial) Jalaun at Orai in Case No.50 of 2019 (State Vs. Krishna Kumar) under Sec. 6A of U.P. Essential Commodities Act, 1955, P.S. Kuthaund, District Jalaun arising out of Case Crime No.282 of 2017 under Ss. 3/7 of the U.P. Essential Commodities Act, 1955, P.S. Kuthaund, District Jalaun. Learned counsel for the petitioner submits that the petitioner is the registered owner of vehicle, i.e. Loader No. UP-92-T-1600 and due to enmity, the police on the basis of false and concocted story, lodged the First Information Report under Sec. 3/7 of the U.P. Essential Commodities Act, 1955 and the vehicle was also seized. He next submits that the petitioner was never involved in committing any offence and the Investigating Officer without collecting the material evidence, filed the chargesheet against the petitioner. He further submits that once the petitioner moved an application for release of the aforesaid vehicle, the same was rejected, vide order dtd. 23/9/2022 with a direction to the petitioner to deposit the equivalent price of the vehicle before the concerned authority within a period of one month, failing which it was also directed that auction proceedings be initiated. He further submits that thereafter the petitioner challenged the same by way of filing an appeal No. 53 of 2022, which was also dismissed and the order passed by the Additional District Magistrate (Judicial), Jalaun at Orai was affirmed. He also submits that the First Information Report was lodged by the police officer due to animosity.