Allahabad High Court
Bhagwati Prasad vs State Of U.P. & Ors. on 7 July, 2010
Bench: Imtiyaz Murtaza, Naheed Ara Moonis
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9610 of 2010 Petitioner :- Bhagwati Prasad Respondent :- State Of U.P. & Ors. Petitioner Counsel :- H.C. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner and also learned A.G.A. appearing for the State.
We have been taken through the allegations contained in the F.I.R. and the material on record.
It is submitted by learned counsel for the petitioner that according to the allegation made in the report sulpher was found sub standard. It is submitted by learned counsel for the petitioner that in the first analysis, on the basis of which report has been lodged, sulpher was found 74.5% but after reanalysis by another laboratory it was found 89.4 %. It is submitted that practically there was no adulteration or sample was substandard.
Issue notice to respondent no. 3 who may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks. List this matter after the expiry of the aforesaid period. Till next date of listing or till submission of charge sheet whichever is earlier, the arrest of the petitioner, namely, Bhagawati Prasad who is wanted in case crime No. 802 of 2010 under sections 3/7 of Essential Commodities Act P.S. Khorawar District Gorakhpur shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation. Order Date :- 7.7.2010 o.k.