Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 3 of 2010, under Section 3/7 Essential Commodities Act, police station Kotwali Colonelganj, district Gonda.
We have gone through the contents of the FIR.
Petitioner No. 1 happens to be Godown Prabhari , U.P. Rajya Khadhya Evam Awasyak Vastu Nigam, Colonelganj, district Gonda and petitioner No. 2 happens to be assistant of petitioner No. 1.
It comes out from the FIR that two tractor trolleys, which were being driven by Zaheer and Yasin, were found loaded with 111-bags of rice said to have been taken out from the godown of the petitioners. Arguments advanced by learned counsel for the petitioners is that only on the basis of statements of Zaheer and Yasin, who were apprehended along with said rice, it cannot be said that the said 111-bags of rice was collected from the godown of the petitioners even when the godown of the petitioners was not got checked so as to verify that the said 111-bags of rice, which were recovered, were taken out from the godown of the petitioners . Let the things be as they are, since the FIR discloses commission of cognizable offence, the same cannot be quashed. However, considering the allegations levelled against the petitioners, we hereby direct that the petitioners shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against them in the shape of report under Section 169/173 Cr.P.C., provided they cooperate with the investigation, which shall go on. With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 12.1.2010 Pradeep/-