Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 17286 of 2019 Petitioner :- Amit Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- D.M.Tripathi Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Rohit Ranjan Agarwal,J.
Seeking for quashing of the First Information Report, it is contended by the learned counsel for petitioner that the petitioner has falsely been implicated in the Case Crime No. 99 of 2019 under Section 3/7 of Essential Commodities Act, Police Station Mirzamurad, District Varanasi, for the fact that the vehicle No. UP 50 AB 3505, Toyota Fortuner car, was parked at the Dhaba wherein a police raid was conducted.
The submission is that the Fortuner car was being driven by the driver of the petitioner for the fact that the petitioner was owner of the vehicle, the First Information Report has been lodged against him.
The submission that there is no recovery from the person of the petitioner.
Matter requires consideration.
Issue notice to respondent No.3 returnable at an early date. Steps within a week by registered post/A.D.
Learned A.G.A. is present for respondent Nos. 1 and 2. List on the date fixed in the notice.
All the respondents may file counter affidavit by the next date fixed.
Till the next date of listing or till the submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, the petitioner shall not be arrested in Case Crime No. 99 of 2019 under Section 3/7 of Essential Commodities Act, Police Station Mirzamurad, District Varanasi. He shall, however, cooperate in the investigation in question.
Order Date :- 25.6.2019 Nirmal