REGENT COMPUTRONICS PVT. LTD.

NATHO MAL Appellant

V/S

STATE OF UTTAR PRADESH Respondents

Referred Judgements :-

EMPEROR V.KHWAJA NAZIR AHMAD [REFEREED TO]
NARESH V. STATE OF MAHARASHTRA [REFEREED TO : AIR 1951 SC 217 5,14]
PUTTAN SINGH V. STATE OF U.P. [REFEREED TO 22]
DR.RAGHUBIR SARAN V. STATE OF BIHAR [REFEREED TO : AIR 1964 SC 1 15]
T C BASAPPA VS. T NAGAPPA [REFEREED TO]
KHUSHI RAM VS. HASHIM [REFEREED TO : AIR 1959 SC 542 15]
TALAB HAJI HUSSAIN VS. MADHUKAR PURSHOTTAM MONDKAR [REFEREED TO : AIR 1958 SC 376 14A]
NARESH SHRIDHAR MIRAJKAR VS. STATE OF MAHARASHTRA [REFEREED TO 5,6]
PAMPAPATHY VS. STATE OF MYSORE [REFEREED TO : AIR 1967 SC 286 15]
TUKARAM G GAOKAR VS. R N SHUKLA [REFEREED TO : AIR 1968 SC 1050 27 1968 1 ALL ER 763 : (1968) 2 WLR 893,R. V.METROPOLITAN POLICE COMM]
JEHAN SINGH VS. DELHI ADMINISTRATION [REFEREED TO > : AIR 1974 SC 1146 22]
KURUKSHETRA UNIVERSITY VS. STATE OF HARYANA [REFEREED TO : AIR 1977 SC 2229 22 AIR 1977 SC 456 : 1977 LAB IC 20 : 1977 TAX LR 1697 26]
TARULATA SHYAM VS. COMMISSIONER OF INCOME TAX WEST BENGAL [REFEREED TO : 1977 TAX LR 989 29 AIR 1976 SC 844 18 1974 CRI LJ 465 : AIR 1974 SC 510 25]
MADHU LIMAYE VS. STATE OF MAHARASHTRA [REFEREED TO : AIR 1978 SC 47 15]
MANEKA GANDHI VS. UNION OF INDIA [REFEREED TO : (1978) 1 SCC 248 8,9]
STATE OF ORISSA VS. RAM GHANDERAGARWALA [REFEREED TO : AIR 1979 SC 87 15]
STATE OF BIHAR VS. J A C SALDANHA:J A C SALDANHA [REFEREED TO : (1980) 1 SCC 554 : AIR 1980 SC 326 22]
EASTERN SPINNING MILLS AND VIRENDRA KUMAR SHARDA VS. RAJIV PODDAR [REFEREED TO : 1989 SUPP (2) SCC 385 :AIR 1985 SC 1668 21 AIR 1985 SC 330 13 AIR 1985 SC 1289 7 AIR 1]
OLGA TELLIS VAYYAPVRI KUPPUSAMI VS. BOMBAY MUNICIPAL CORPORATION:STATE OF MAHARASHTRA [REFEREED TO 5]
STATE OF KERALA VS. MATHAI VERGHESE [REFEREED TO : AIR 1987 SC 33 29]
STATE OF HARYANA VS. BHAJAN LAL [REFEREED TO : 1992 SCC (CRI) 426 : AIR 1992 SC 604 : 1992 AIR SCW 237 18,19,22,33 AIR 1992 SC 96 : 1]
RAM LAL YADAV VS. STATE OF UTTAR PRADESH [REFEREED TO (FB) 22 1988 ALL WC 828 : 1988 ALL CRI R 410 (FB) 22]
KEKOO J MANECKJI VS. UNION OF INDIA [REFEREED TO (BOM) 22]

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been brought for the relief of quashing the first information report in case crime No. 74 of 1991 under S. 3 / 7 of the Essential Commodities Act, P. S. Khairagarh District Agra and for a direction to the respondents not to arrest the petitioner in the matter of the alleged crime.

(2.) According to the petitioner, he holds a licence under the Essential Commodities Act and there was an F.I.R. against him under S. 3/7 of the said Act, on 26-7-1991 by one Arun Kumar Dixit, Magistrate, Khairagarh, District Agra. As the allegations are, the only discrepancy was that the rate board was not properly filled in and that there was shortgage of one bag of mustared oil seed. The investigation, according to the petitioner ended in a final report under S.173, Cr.P.C. but the Senior Prosecuting Officer has recorded some disagreement and consequently there is likelihood of his arrest. It was also urged that the provisions relating to the maintenance of the rate board are not applicable to him in view of some Division Bench decision of this Court. For that matter, it may be mentioned that the Division Bench decision or for that matter any decision of the superior Court are to be followed by the Courts of law as and when the proceedings come before them.

(3.) We have heard the learned counsel for the petitioner and standing counsel Sri R. S. Sengar at some length and we propose to dispose of the petition finally with the following observations.

Click here to view full judgment.

NATHO MAL Vs. STATE OF UTTAR PRADESH

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address