Krushnakumar S/O. Bansgopal Agrawal @ Bandu Agrawal v. State Of Maharashtra Thr. Police Station Officer Police Station Chandur Bazar Amravati And Others

(1) 5.Cri. wp.120.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.120 OF 2018 Krushnakumar s/o Bansgopal Agrawal @ Bandu Agrawal Vs.

State of Maharashtra through Police Station Officer, Police Station, Chandur Bazar, Tq. Chandur Bazar, Dist. Amravati and others.

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s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri G. G. Bade, counsel for the petitioner Ms. H. P. Mehta, APP for the respondents / State. CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 04/01/2021 Heard Shri Bade, learned counsel for the petitioner and Ms. Mehta, learned APP for the State. During pendency of this petition, there has been a development which has a fundamental bearing upon the issue involved in this case. This development, as pointed out by the learned APP, is in the nature of the view taken by the Full Bench of this Court in the case of Digambar s/o Rodji Wankhede Vs. State of Maharashtra and another, 2019(5) Mh.L.J. This view, as said earlier, has a seminal effect on this petition.

In this petition, the primary ground of challenge to the FIR registered under Section 7 read with

(2) 5.Cri. wp.120.2018 Section 3 of the Essential Commodities Act against the petitioner, is that in the FIR order issued under Section 3 of the Essential Commodities Act, has not been specifically mentioned, which has been alleged to be violated by the petitioner.

In the case of Digambar s/o Rodji Wankhede (supra), the Full Bench as held that as FIR is not expected to be a encyclopedia and that as long as the information given to the Police raises a suspicion of commission of a cognizable offence, an FIR can certainly be registered and that State would be entitled to demonstrate before a Court that an order under Section 3 of the Essential Commodities Act indeed exists and that there is contravention of clauses thereof, leading to commission of an offence which is punishable under Section 7 of the Essential Commodities Act.

In view of the law so laid down by the Full Bench, nothing survives in this petition and the petition is dismissed as not maintainable.

JUDGE JUDGE Sarkate