Court No. 20
Writ Petition No. 6998 (M/B) of 2010
Jamuna Prasad and another Petitioners
Vs
State of U.P and others Opp. Parties
Hon'ble Raj Mani Chauhan, J.
Hon’ble Virendra Kumar DIXIT,J.
Heard learned counsel for the petitioners and learned A.G.A as well
as perused the documents available on record.
This petition under Article 226 of the Constitution of India has been
filed by the petitioners for quashing the impugned FIR, registered in case
crime No. 143 of 2010, under Sections 419, 420, 467, 468, 471 I.P.C. and
Section 3/7 E.C. Act at Police Station Chhapiya, District Gonda and also for
direction to the opposite parties not to arrest the petitioners in pursuance to
the said impugned FIR.
The submission of learned counsel for the petitioners is that
petitioner No. 1 Jamuna Prasad is the proprietor of M/s Jai Durge Udyog
which is a Rice Mill. The petitioner No. 2 Ram Mani Tripathi is the son of
petitioner No.1. On 02.07.2010 at 5.30 P.M, the District Supply Officer
along with Tehsildar and Circle Officer of Police Mankapur and others
raided the premises of M/s Jai Durge Udyog and found S.B.T filled in 1151
bags each containing 50 kg., Paddy in 59 bags each containing 60 kg. and
Particles of rice in 20 bags each containing 50 kg. Learned counsel for the
petitioners submits that as per version of the FIR, it was informed by the
people to the raiding team that accused were involved in black marketing.
He further submits that it has not been alleged in the FIR about the order
which is said to have been violated by the accused. There is no evidence
that the accused were involved in black marketing the food grains of fair
price shop. In this way, there is no evidence in support of offence under
Sections 419, 420, 467, 468, 471 I.P.C. and Section 3/7 E.C. Act. Therefore,
petitioners need protection during investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioners
and learned A.G.A.
Keeping in view the submissions of learned counsel for the
petitioners and the facts and circumstances of the case, the writ petition is
being finally disposed of with the observation that the petitioners will not
be arrested in aforesaid case crime number till credible and cogent evidence
is collected by the Investigating Officer against them or filing of charge
sheet/police report under Section 173 Cr.P.C, whichever is earlier, subject to
their cooperation in the investigation which will go on.
27.07.2010
Renu/-