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. 578 of 2009, under Section 3/7 Essential Commodities Act, police station Intiyathok, district Gonda.
We have gone through the contents of the FIR and other documents on record. Submission of learned counsel for the petitioners is that petitioner No. 1 was already a licensee of fair price shop dealing with distribution of diesel oil to the consumers (vide Annexure-2 to this petition) but the same had expired on 31.03.2007 and for renewal of which requisite amount of renewal was deposited through treasury challan on 20.03.2007 and during the pendency of his renewal application the shop of petitioner No. 1 was inspected on 30.11.2009. His further submission is that the petitioners had already filed a writ petition bearing No. 11705 (M/B) of 2009 before this Court and this Court on 18.12.2009 has directed the authorities concerned to consider the matter with respect to renewal of the license of the petitioners expeditiously in accordance with law.
Admittedly it was found that diesel oil was being sold without there being valid term of license in favour of petitioner No. 1. Since the FIR discloses commission of cognizable offence, the same cannot be quashed.
However, in the aforesaid circumstances, 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 173 CrPC, provided they cooperate with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition is disposed of finally.
Order Date :- 5.1.2010 Pradeep/-