Hon'ble Yogendra Kumar Sangal,J.
Heard the learned counsel for the petitioner and learned A.G.A. who has put in appearance on behalf of State, opposite parties nos. 1, 2 and 3.
Issue notice to opposite party no.4 returnable at an early date.
Steps may be taken within seven days by registered post Ad failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List immediately after service along with Writ Petition No.612 (M/B) of 2010.
It is submitted that the petitioner happens to be Managing Director of Aditya Fuels Limited Company, Sundaram Towers 4th Floor Rambagh, Allahabad and on the basis of an agreement between him and one Manoj Kumar Shukla, the retailership was given in accordance with the terms of the agreement. But Sri Manoj Kumar Shukla without adhering to the terms and conditions of the agreement introduced other retailers in the same area including respondent no.4 on account of which the petitioner suffered a huge loss of about rupees seventy lacs. He therefore sent a notice to Manoj Kumar Shukla on 30.05.2009. Earlier when this fact came to the notice of the petitioner a notice was given in the month of March, 2009 to opposite party no.4 also (Annexure-6). In retaliation thereof an F.I.R. in question has been lodged on the basis of an order passed by learned Magistrate concerned on an application under Section 156 (3) Cr.P.C. on 18.07.2009.
Learned A.G.A. has nothing to say substantial against it.
It appears to be an arguable case.
In view of the above, as an interim measure it is provided that till any credible and cogent evidence is collected against the petitioner, he (Vinod Kumar Shukla) shall not be arrested in Case Crime No.C-2219 of 2009, under Sections 420, 406 I.P.C., Police Station Kotwali Nagar, District Sultanpur subject to his full cooperation in the investigation which shall go on.
Order Date :- 28.1.2010 PAL/