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Smt. Sarita Singh & Anr. vs State Of U.P.,Thru. Prin. ...

High Court Of Judicature at Allahabad|30 June, 2010

JUDGMENT / ORDER

Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 863 of 2010, under Section 3/7 Essential Commodities Act, police station Bangermau, district Unnao.
We have gone through the FIR as well as other documents available on record.
It comes out that on the date of inspection i.e. 25.05.2010, 27-LPG cylinders were found less in the godown of the petitioners.
Submission of learned counsel for the petitioner is that on the said date those 27-cylinders were sent for home delivery to the registered consumers by their delivery-men, as such, the same were found less in the godown of the petitioners.
Argument advanced by learned counsel for the petitioners is that opposite party No. 4 has implicated the petitioners falsely in the present case with ulterior motives.
Let the things be as they are, since the FIR discloses commission of cognizable offence, the same cannot be quashed.
However, considering trivial nature of allegations levelled in the FIR, we direct that the petitioners shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against them, provided they cooperate with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 30.6.2010 Pradeep/-
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Title

Smt. Sarita Singh & Anr. vs State Of U.P.,Thru. Prin. ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
30 June, 2010