Harsh Singh vs State of Uttarakhand and Others

Prafulla C. Pant, J.—Heard.

By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report dated 01.12.2011, relating to offences punishable u/s 406, 409 and 420 I.P.C., and one punishable u/s 3/7 of Essential Commodities Act, Police Station Kapkote, District Bageshwar.

Learned counsel for the petitioner submitted that petitioner is appointed Contractor for supply of food grains from food centre Bharadi to distribution centre Baghar, in District Bageshwar. The allegation against him is that villagers of village Baghar did not receive any rice/food grains, since July 2011. The explanation given by learned counsel for the petitioner is that due to heavy rain the route for Baghar got disrupted. However, it is not clear as to how long the route remained disrupted.

Having considered submissions of learned counsel for the petitioner, and learned counsel for the State, and in the facts and circumstances, this court is not inclined to interfere with the investigation of the case.

Therefore, the writ petition is dismissed summarily with the observation that if the petitioner Harsh Singh surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay, keeping in mind the plea that due to heavy rain the petitioner was prevented from taking the food grains to the village. (Interim Relief Application No. 13860 of 2011, stands disposed of).