JAMNA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition under section 482, CrPC. It has been prayed in this petition that the petitioners be permitted to surrender before the Court concerned which may be directed to consider the bail application on the date of surrender.

(2.) THE facts which appear from the application and the documents filed along with the application are that the authorities inspected a dal mill and found some irregularities there. It is written in the first information report that in the office of the mill the applicants were found working, the persons present there did not produce documents, they committed violation of a control order punishable under section 7 of the Essential Commodities Act and they ran away. Thus, in the FIR an offence has been alleged and the applicants have been shown as the persons who were actually working in the office. Even if they are not owners of the mill, they can very well be said to have abetted the offence as provided under section 8 of the Essential Commodities Act, if allegations of the complaint are taken to be true. When commission of the offence has been alleged the police has right to proceed against them, as the offence has been made cognizable.

(3.) II has been argued that the petitioners has got nothing to do with dal mill, and they were present there merely because they were owners of the building. This is a question of fact which can be hardly gone into in this petition under section 482, CrPC. At present we have to act on the allegations in the complaint, and this defence will be open to them before the court where they are tried.