Court No. - 20 Case :- MISC. BENCH No. - 6178 of 2010 Petitioner :- Gautam Pandey Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- G.P. Mishra Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned Additional
Government Advocate.
The submission of the learned counsel for the petitioner is that
Sri Abdul Rehman Warsi, Senior Supply Inspector, Office of the
District Civil Suppliers, District Gonda, checked godown of
M/s.Sahkari Gas Service, Bargaon District Gonda on 15.6.2010
in which, as many as 37 Cylinders were found short. Sri Abdul
Rehman Warsi lodged the F.I.R. against accused Sri Ram Saran
Sharma, Sabhapati, Ajay Singh, Manager, and Sri Gautam
Pandey (present petitioner) Cashier of M/s.Sahkari Gas Service,
Gonda.
Learned counsel for the petitioner submits that on 14.6.2010 at
the time of distribution of Gas Cylinders in the presence of Sri
Ram Saran Sharma, President of M/s.Sahkari Gas Service,
Gonda two persons, namely, Bhuneshwar Dubey and Vaibhav
Singh came and forcibly took away 43 cylinders from the said
Gas Service. Thereafter Sri Ram Saran Sharma gave a written
report to the Station House Officer, Kotwali, District Gonda on the
same day.
Sri Ram Saran Sharma has already filed a Writ Petition No.6076
of 2010 (MB) for quashing the first information report in which this
court has been pleased to stay his arrest as an interim measure.
Co-accused Sri Ram Saran Sharma is main accused in the case
and the present petitioner Gautam Pandey is Cashier in
M/s.Sahkari Gas Service, Gonda. He had nothing to do with the
distribution of the gas cylinders. The cylinders were distributed by
the employees of M/s.Sahkari Gas Service under the direction of
Sri Ram Saran Sharma, co-accused. The petitioner is, therefore,
entitled to the same protection.
Considering the submissions of the learned counsel for the
petitioner and learned A.G.A. and keeping in view of the fact that
the accused Gautam Pandey was cashier and the main co-
accused Ram Saran Sharma has already been granted interim
protection, accused may, therefore, be granted the same
protection.
Issue notice to opposite party no.6, who may file counter affidavit
within four weeks and the petitioner may file rejoinder affidavit
within two weeks thereafter.
List thereafter and connect with Writ Petition No.6076 of 2010.
Till the next date of listing or till submission of charge
sheet/police report, whichever is earlier, the petitioner shall not
be arrested in case Crime No.608/2010 under Section 3/7 of
Essential Commodities Act 1955, Police Station Kotwali Nagar,
District Gonda.
Order Date :- 2.7.2010
Sks