Court No. - 25 Case :- MISC. BENCH No. - 917 of 2010 Petitioner :- Ram Shanker S/O Late Girja Shankaer Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- O.P. Tiwari Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case
Crime No. 359 of 2010, under Section 3/7 Essential Commodities Act,
1955, police station Kotwali, District Unnao.
We have gone through the FIR and the pleadings made in the petition.
As it comes out and also as argued by the learned counsel for the
petitioner that the petitioner has been challaned while he was standing
near seven liquid petroleum gas cylinders, which were kept on the road-
side. Admittedly, two cylinders belong to the petitioner, who runs a tea-
stall, but the FIR has been lodged with the allegation that the petitioner
has committed an offence, which falls under the said Act. Two
cylinders were claimed by one Rajesh Shahu, but rest three cylinders
were found to be unclaimed.
In any case, since the FIR discloses commission of cognizable offence,
as such, the same cannot be quashed.
However, in the said circumstances, since the allegations seem to be
trivial in nature, we hereby dispose of the writ petition finally with a
direction that till submission of report under Section 173 Cr.P.C., the
petitioner shall not be arrested in the aforesaid case crime number,
provided he cooperates with the investigation, which shall go on.
Order Date :- 3.2.2010
Chauhan/-