Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional Government Advocate, who has accepted notices on behalf of opposite party nos. 1 to 5.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 608 of 2010, under Section 3/7 Essential Commodities Act, 1955, police station Kotwali Nagar, District Gonda We have gone through the FIR.
As it comes out the petitioner happens to be railway employee and has been nominated as President of the Railway Employees Consumer Cooperative Society Limited, Badgaon, District Gonda. While running a liquid petroleum gas agency, allegations levelled against him are to the effect that on inquiry it was found that thirty-seven gas cylinders were found to be less and the same have not been entered into the record to have been distributed to the public. The FIR has been lodged by the Senior Supply Inspector, Gonda. Grave stress has been laid by the learned counsel for the petitioner upon Annexure-4 to the petition, which is a copy of complaint made by the petitioner himself on 14.06.2010 to the In-charge Inspector, police station Kotwali Nagar Gonda, district Gonda mentioning therein that forty-three gas cylinders have been taken away by Bhuneshwar Dubey and Vaibhav Singh forcibly. The complaint made by the petitioner forms part of the FIR. Argument advanced by the learned counsel for the petitioner is that the petitioner had himself reported that the cylinders in question have been taken way by force by the two persons and, thefore, they were found to be less at the time of inspection conducted by the Senior Supply Inspector, Gonda. The complaint made by the petitioner has not been taken into considedration although the same forms part of the FIR.
There seems to be some suspicion in the allegations made in the FIR contained in Annexure-1 to the petition.
Accordingly, we direct for issuing notice to opposite party no. 6, who may file counter affidavit within six weeks from the date of service of notice. Rejoinder affidavit, if any, may be filed within next two weeks. List the petitioner after expiry of the said period. Till the next date of listing or till submission of charge sheet, whichever is earlier, the petitioner shall not be arrested in the aforesaid case crime number. Investigation shall go on and the petitioner shall cooperate with the same. It is clarified that case of the present petitioner is quite distinguishable from the case of co-accused, namely, Ajay Singh and Gautam Pandey.
28.6.2010Chauhan/-