Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 594 of 2009, under Section 3/7 Essential Commodities Act, police station Mahanagar, District Lucknow.
We have gone through the FIR from which it comes out that from 14.2 kg. domestic liquid petroleum gas cylinders gas was being refilled into 5 kg non- domestic gas cylinders in the shop, belongs to the petitioner. It further comes out that in the shop one accused Shekhar Sharma was found and was arrested at the time of checking of the same. The FIR discloses commission of cognizable offence and, as such, the same cannot be quashed.
However, considering the certificate issued by Chief Medical Officer contained in Annexure-4 to the petition, which is to the effect that the petitioner is handicapped, we hereby provide as an interim measure that the petitioner shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence in the shape of report under Section 169/173 Cr.P.C. comes forward against him. Investigation shall go on and the petitioner shall cooperate with the same. With the aforesaid observations/directions, the writ petition stands finally disposed of.
Order Date :- 21.1.2010 Chauhan/-