Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23185 of 2018 Petitioner :- Arvind Choudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rahul Srivastava, learned counsel for the petitioner, Sri Narendra Kumar Tiwari, learned Brief Holder appearing for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioner for quashing the impugned FIR dated 16.7.2018 registered as Case Crime No. 0363 of 2018, under Section 3/7 of Essential Commodities Act, 1955, Police Station Bhelupur, District Varanasi.
Learned counsel for the petitioner submits that petitioner is a fair price shop dealer of essential commodities. The foodgrains were lifted on 5.7.2018 and the same was to be distributed upto 30.7.2018. It was further submitted that the First Information Report was lodged by respondent no. 3 on 13.7.2018 at the instigation of local MLA.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner will not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he will co-operate with the investigation of the case.
With the above direction,this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 Puspendra