RAKESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for the State respondents and the learned counsel for the respondent No.5 Village Panchayat.

(2.) With the consent of the learned counsel for the parties, this writ petition is being finally heard without calling for a counter affidavit.

(3.) Briefly stated, facts of the present case are that the petitioner was a fair price shop agent of Village Yakoobpur, Block Sahar, Tehsil Bidhuna, District Auraiya. On 17.10.2007, F.I.R. under Sec. 3/7 of E.C. Act being Case Crime No.148 of 2007, Police Station Bela, District Auraiya, was registered against the petitioner. As a consequence of lodging of the aforesaid F.I.R., the fair price shop agreement of the petitioner was cancelled by the respondent No. 3 vide order/letter No. 382 dated 02.11.2007 with the observation that cancellation shall abide by the order of the Court in criminal case. By judgment dated 18.06.2015 in Criminal Case No.1011 of 2010 (Case Crime No.148 of 2007) under Sec. 3/7 E.C. Act, passed by the Chief Judicial Magistrate, Auraiya, the petitioner was acquitted. A finding was recorded by the Trial Court that the foodgrains in question were found in private bags and it was not Government foodgrains. Against the aforesaid judgment passed by the C.J.M., Auraiya, the State Government preferred a Criminal Appeal No.11 of 2015 in the Court of Session Judge, Auraiya which was dismissed by the Court of Session Judge, Auraiya vide judgment dated 25.01.2016. This judgment has attained finality.