LAXMI KANT PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ami Tandon, Advocate, learned counsel for Applicant and Sri Om Prakash Dwivedi, learned AGA for State.

(2.) The present application is preferred by applicant under Sec. 482 of Criminal Procedure Code, 1973 for quashing charge-sheet dtd. 6/9/2017 being No. 90 of 2017 arising out of Crime No. 0111 of 2017 under Ss. 265, 266, 419 and 420 of Indian Penal Code and 3/7 of Essential Commodities Act, Police Station-Badausa, District-Banda and summoning order dtd. 25/10/2017 passed by Ist Additional Chief Judicial Magistrate, District-Banda in Case No. 1660/IX/17.

(3.) The Applicant is a dealer of Hindustan Petroleum Corporation having its retail outlet in the name and style of Pandey Filling Station, Badausa, District-Banda. An inspection at the site of the retail outlet of the applicant was conducted on 14/6/2017 by a team of sales officer of Indian Oil Corporation, Kanpur, Weights and Measure Inspector, Nayab Tehsildar and Police Administration. The inspection team found that nosal no. 2 is giving out air and nosal would not be checked but the wire in the pulser seal of the unit was found to be broken at the time of inspection.