Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge is FIR relating to Case Crime No. 413 of 2009, under Sections 3/7 Essential Commodities Act and Sections 420 and 120-B IPC, police station Dariyabad, district Barabanki. We have gone through the contents of the FIR.
It comes out from the FIR that huge quantity of Rice, Paddy and Wheet is said to have been recovered from the Rice Mill which as alleged seems to have been stored for the purpose of black-marketing. It has been argued by the learned counsel for the petitioners that petitioner no. 1 happens to be Marketing Inspector and petitioner no. 2 happens to be his Marketing Assistant and their complicity is presumed to be there, as such, argument advanced by the learned counsel for the petitioner is that only on the basis of presumption, the petitioners are implicated as accused in the aforesaid case.
In any case, since the FIR discloses commission of cognizable offence, as such, the same cannot be quashed. But considering the fact that On the basis of presumption only, names of the petitioners have been inserted in the aforesaid case crime number, we hereby dispose of the writ petition with a direction 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 Cr.P.C., provided they cooperate with the investigation, which shall go on.
Order Date :- 8.1.2010 Kaushal