LAWS(MPH)-2019-4-255

SAHIL GUPTA Vs. STATE OF MADHYA PRADESH

Decided On April 24, 2019
Sahil Gupta Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Inherent powers of this Court u/S.482 of Cr.P.C. are invoked for quashing of FIR dated 06.01.2019 bearing Crime No.0007/2019 registered at Police Station Civil Line, District Datia alleging offences punishable u/Ss.3/7 of Essential Commodities Act. against the petitioner.

(2.) Learned counsel for rival parties are heard on the question of admission.

(3.) Learned counsel for petitioner primarily submits that in the face of FIR not specifying the Control Order which is alleged to be breached, the FIR alleging offence punishable u/S.3/7 Essential Commodities Act 1955 ("1955 Act" for brevity) is not sustainable on the anvil of provision of Sec.7 of 1955 Act which as a prerequisite requires that it's penal provision get attracted only when any Order promulgated u/S.3 of the 1955 Act is violated and not otherwise.