Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34537 of 2018 Petitioner :- Randhir And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Surendra Kumar Tripathi, learned counsel for petitioners and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 20.03.2018 registered as Case Crime No. 0279 of 2018, under Section 3/7 Essential Commodities Act 1955, Police Station- Achhnera, District-Agra.
A perusal of F.I.R. shows that diesel outlet of the petitioner was raided by the authority and that time the petitioner could not produced the papers relating to run diesel out let as well as the diesel was found adulteration having smell of kerosene oil.
Counsel for the petitioners submits that petitioners have been falsely implicated in the F.I.R. inasmuch as the petitioner is having a valid licence and all the papers relating to run the diesel out let. It is alleged that diesel was found adulterated and sample was sent for chemical examination and report of chemical examination is showing that the Bio Diesel Blend was found, no kerosene oil was found in it, copy of which has been annexed as Annexure-4 to the writ petition.
In view of the fact of the case, this writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 0279 of 2018, under Section 3/7 Essential Commodities Act 1955, Police Station- Achhnera, District-Agra till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 30.11.2018 Sharad/-