Hon'ble Yogendra Kumar Sangal,J.
Power filed today on behalf of the petitioners by Shri Gaurava Bhatia, is taken on record.
Appearance has also been put in on behalf of the first informant i.e. opposite party no. 4. Learned AGA is present for respondent nos. 1,2 & 3.
Let counter and rejoinder affidavits be exchanged before the next date which is being fixed herein below.
On the request of the learned counsel for the first informant, it is directed that by means of supplementary affidavit, Bank's statement of Sugar Factory concerned relating to the period of current crushing season as on today pertaining to Sugarcane price be filed within two weeks by the petitioners.
From perusal of the material on record, it comes out that broadly speaking following points are involved :
1. That sugarcane has been purchased from the place other than the stipulated place.
2. That part payment has been made in cash in stead of by means of cheques.
3. That no residual commission has been paid to the Sugarcane Cooperative Societies.
4. That payment which has been made to the farmer, has been shown to be loan amount and on that pretext no actual payment has been made to the farmers.
There does not appears to be any quarrel that the aforesaid points are also involved in almost all the 45 FIRs which have been challenged at Allahabad High Court as well as some of the FIRs which have been challenged in this Court.
Concededly all the writ petitions pending in the Allahabad Hihg Court have been clubbed and the matter has been fixed for 8th March, 2010 for final hearing. As an interim measure, the arrest has also been stayed.
In view of the above, let this writ petition be also clubbed with the similar writ petition nos.
(1) Writ Petition No. 425 (M/B) of 2010.
(2) Writ Petition No. 640 (M/B) of 2010.
(3) Writ Petition No. 641 (M/B) of 2010.
which have been filed earlier in this court and all such petitions be fixed on 11.03.2010 for final hearing.
Keeping in view, the principle of parity, there does not appears to be any good ground to deprive the petitioners from getting, the same interim order which has been passed at Allahabad High Court in the writ petitions of similar nature as mentioned herein above. Therefore, as an interim measure, it is provided that till the next date of listing, the petitioners shall not be arrested in the case crime number 12 of 2010, under Sections 420/120-B/419/ 467/468 IPC & 3/7 of E.C. Act, Police Station Motganj, district Godna subject to their full cooperation in the investigation which shall go on.
Order Date :- 29.1.2010 Kaushal