Case Note & Summary
The applicants, Dhanraj s/o Anandrao Mohod and Hemraj s/o Dhanraj Mohod, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1972, seeking quashing of an FIR registered against them under Sections 3 and 7 of the Essential Commodities Act, 1955. The FIR was based on a complaint that the applicants, who were fair price shop owners, had not been distributing food grains in accordance with law. The applicants argued that the FIR did not refer to any order made under Section 3 of the Act, which is a prerequisite for an offence under Section 7. The State opposed the application, contending that a prima facie case was made out. The court examined the FIR and found no reference to any order under Section 3. Relying on the Division Bench decision in Rakesh M. Jain v. State of Maharashtra, which followed the Supreme Court's judgment in Prakash Babu Raghuvanshi v. State of M.P., the court held that without an order under Section 3, no offence under Section 7 can be alleged. Consequently, the court quashed the FIR, holding that continuation of proceedings would be an abuse of process of law.
Headnote
A) Criminal Law - Essential Commodities Act - Quashing of FIR - Sections 3 and 7 of Essential Commodities Act, 1955 - The applicants sought quashing of FIR registered under Sections 3 and 7 of the Essential Commodities Act, 1955 on the ground that no order under Section 3 of the Act was alleged to have been contravened. The court held that unless there is an order made under Section 3 of the Act, no offence under Section 7 can be made out. Relying on Rakesh M. Jain v. State of Maharashtra and Prakash Babu Raghuvanshi v. State of M.P., the court quashed the FIR as continuation of proceedings would be an abuse of process of law. (Paras 2-5)
Issue of Consideration
Whether an FIR under Sections 3 and 7 of the Essential Commodities Act, 1955 can be sustained in the absence of any order made under Section 3 of the said Act.
Final Decision
The court allowed the application and quashed the FIR registered against the applicants under Sections 3 and 7 of the Essential Commodities Act, 1955.
Law Points
- Essential Commodities Act
- 1955
- Section 3
- Section 7
- FIR quashing
- abuse of process
- inherent powers under Section 482 CrPC
