Allahabad High Court
Amit Kansal vs State Of U.P. And 2 Others on 9 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4781 of 2020 Petitioner :- Amit Kansal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon'ble The Chief Justice which is available on the official website of this Court.
By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 7.2.2020 alongwith stay of arrest in Case Crime No. 46 of 2020 under sections 420, 465, 468, 471 I.P.C., police station Kairana, District Shamli.
Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
The office has not placed before the Court any E-Mail received from the learned A.G.A for the State, informant/complainant/aggrieved person regarding any objection with respect to the prayer of stay of arrest of the petitioner(s).
It appears from the impugned F.I.R. itself that after seizure of the mustard oil made from the vehicle which was being driven by co-accused Nazim, the police party took the sample and sent the same to Food Safety Officer in order to ascertain whether the mustard oil was adulterated or not but without waiting for the report Food Safety Officer, the impugned F.I.R. has been registered against the petitioner. It transpires that eight tins of mustard oil was also handed over to the petitioner as it apparent from the F.I.R. itself. It is further mention in para-9 that the vehicle from which the alleged recovery was made does not belong to the petitioner and the petitioner has no criminal antecedents. It is pleaded that the impugned F.I.R. has been lodged by respondent no. 3 in due haste just to harass the petitioner.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in the petition, we are of the considered opinion that the petitioner shall not be arrested in Case Crime No. 69 of 2020 under section 386 I.P.C., police station Link Road, District Ghaziabad till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition as the Court has taken up the present matter and proceeded with it treating to be extremely urgent during the period of lockdown in the State of U.P. as well as in the Country on the call given by the Hon'ble Prime Minister of India due to Novel Corona Virus (COVID-19), within a period of two months from today.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.)
Order Date :- 9.4.2020
Shiraz