Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5879 of 2017 Petitioner :- Rajeev Kumar Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Nath Tripathi,Rakesh Nath Tripathi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri A.N.Tripathi, learned counsel for the petitioners, Sri A.K.Sand, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 9.3.2017 registered as Case Crime No.191 of 2017, under Section 3/7 Essential Commodities Act, 1955, Police Station-Allahaganj, District Shahjahanpur.
Learned counsel for the petitioners submits that the petitioner no.1 Rajeev Kumar Gupta is having a franchise of bio diesel fuel, for which an agreement was entered into between the petitioner no.1 Rajiv Kumar Gupta and Kisan Bio Fuel Pvt. Ltd., Navasta Road, Tehsil Khaga, District Fatehpur, copy of which has been annexed as Annexure-6 to writ petition, and the same was intercepted by the raiding party, hence, the present FIR has been lodged against the petitioners. He further submits that there appears to be a Government Order which has been ignored by the respondent no.3 who has lodged the present FIR. No offence is made out against the petitioner.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The Investigating Officer shall consider the aforesaid fact during the course of investigation.
(Mrs. Rekha Dikshit,J.) (Ramesh Sinha, J.) Order Date :- 18.4.2017/NS