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Rajveer v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 10735 of 2007 [2007] RD-AH 13863 (10 August 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble R.C. Deepak, J.

Hon'ble B.A.Zaidi, J.

Heard learned counsel for the petitioner, learned AGA for the State and perused the record.

It has vehemently been argued  by the learned counsel for the petitioner that the allegation against the petitioner in the impugned FIR is that the shop was visited by the Supply Inspector and some shortage of kerosene oil was detected and 450 litre of kerosene oil was recovered from outside his shop. His further contention is that the kerosene oil was kept inside the shop and the shop was locked. The lock was not broken and no inspection was made inside the shop to work out the truth wherein the kerosene oil was kept. His further contention is that the very day the petitioner had taken the kerosene oil and kept outside the shop and he went to attend a funeral of a person. He also submits that no proper enquiry in regard to the shortage of the kerosene oil was made and the petitioner was not provided an opportunity to explain the shortage. The prosecution of the petitioner is not warranted, as alleged in the first information report, but pursuant to the impugned FIR, the police is trying to effect his arrest. He is ready to co-operate with the investigation.

Considering the facts and circumstances of the case, in case the investigation into the case crime no. 111 of 2007 under Section 3/7 of Essential Commodities Act, Police Station Nagla Singhi Distt. Firozabad has not been concluded, the same shall be concluded within a period of three months from the date of presentation of a certified copy of the order and till then the arrest of the petitioner shall not be effected, provided  he co-operates with the investigation .

The petition stands disposed of accordingly.

Dt/- 10th  August 2007



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