RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THE prayer of the petitioner is to quash the First Informa tion Report dated 14-8-1982 giving rise to Case Crime No. 256 of 1992 under Section 3/7 of the Essential Commodities Act, Police Station Bisalpur, District Pilibhit as contained in Annexure 7.

(2.) A perusal of the document ap pended as Annexure-7 shows that it is a plain copy of report dated 14- 8-92 of Kuldip Singh, Marketing Inspector, Bareilly Headquarters R. F. O. Office. The docu ment shows that along with it checking report as well as photo copy of the order of the Pargana Adhikari, Bisalpur were also attached with it.

(3.) SRI SRIvastava, in reply, contended that the Essential Commodities Act being a special Act and there being no violation of it the petitioner cannot be charged to have violated Section 406 of the Indian Penal Code, which is the general law he-sides ingredients constituting offence under Section 406 having lacking in the impugned First Information Report, for these reasons also the impugned First In formation Report is liable to be quashed.