Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22817 of 2018 Petitioner :- Pankaj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.K. Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri P.K. Singh, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with the prayer for quashing the impugned notice dated 3.8.2018 u/s 160 Cr.P.C. in FIR dated 2.8.2018 in case crime no.398 of 2018, u/s 120-B IPC and 3/7 E.C. Act, P.S. Dataganj, district Budaun.
Learned counsel for the petitioner submits that the petitioner is the informant of the case and he is also Supply Inspector and was posted in district Budaun. He has received a notice u/s 160 Cr.P.C. from the Investigating Officer. It is stated that the petitioner had made a raid at the fair-price-shop of Sipattar and due to some political interference, notice u/s 160 Cr.P.C. has been issued to the petitioner. In the said notice it is stated that illegal dispensing unit was caught hold of where illegal kerosene oil and instrument were recovered but deliberately sample of kerosene oil was not taken just to give benefit to accused person. If the petitioner appears before the Investigating Officer, then police would take coercive action and falsely implicate him.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, the petitioner is directed to appear before the Investigating Officer for the purpose of interrogation.
It is made clear that no harassment should be caused to the petitioner unless credible evidence is found against him.
With the aforesaid directions, the present petition stands disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018 Gaurav