Facts
The petitioner sought quashing of FIR No. 246/2014, registered under Section 7 of the Essential Commodities Act, 1955, after an inspection of his Fair Price Shop allegedly found a shortage of wheat and excess rice
Source reference: p. 1The shop’s licence was first suspended and later restored; although it was subsequently cancelled, the Appellate Authority revoked the cancellation and restored the licence on 24 July 2014
Source reference: pp. 1–2The petitioner relied on earlier Delhi High Court decisions quashing FIRs in similar Fair Price Shop cases, particularly *Kamlesh v. State (Govt. of NCT of Delhi)*
Source reference: pp. 2–4The State did not dispute that the present case was identical and that the reasoning in *Kamlesh* applied
Source reference: p. 5Issues
1. Whether FIR No. 246/2014 and the proceedings arising from it should be quashed in light of the restoration of the petitioner’s Fair Price Shop licence and the cited precedents.
Source reference: pp. 2–52. Whether the reasoning in *Kamlesh v. State* applied to the present case, as accepted by the State.
Source reference: p. 5Law Applied
The FIR was registered under Section 7 of the Essential Commodities Act, 1955.
Source reference: p. 1The Court relied on its prior decisions in *Sachin Goyal v. State* and *Sunni Kadian v. State (Govt. of NCT of Delhi)*, and particularly on *Kamlesh v. State (Govt. of NCT of Delhi)*, where criminal proceedings concerning an alleged Fair Price Shop irregularity were quashed in light of the restoration of the shop’s licence and the circumstances of that case.
Source reference: pp. 2–4Reasoning
The petitioner’s licence had been restored by the Appellate Authority after its cancellation was revoked.
Source reference: p. 2The Court considered the present matter identical to *Kamlesh*, and the State did not contest the applicability of that decision’s reasoning.
Source reference: p. 5Applying that reasoning, the Court concluded that the FIR and resulting proceedings should be quashed.
Source reference: p. 5Holding
The Court quashed FIR No. 246/2014, registered at Police Station Jahangir Puri under Section 7 of the Essential Commodities Act, 1955, and all proceedings emanating from it.
The petition and pending application were allowed.
Source reference: p. 5Acts & Sections Cited
3 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Essential Commodities Act, 19553
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Shiv KumarvsState (Govt Of Nct Of Delhi)
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