HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 25 Case :- MISC. BENCH No. - 10027 of 2012 Petitioner :- Nanhey Lal Respondent :- The State Of U.P Thru Secy., Home Deptt., Lucknow And Ors. Petitioner Counsel :- Punit Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon'ble Devendra Kumar Upadhyaya,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
The petitioner has approached this Court by means of this Writ Petition with the prayer for quashing FIR relating to Case Crime No. NIL of 2012 under Sections 3/7 of the Essential Commodities Act registered at police station Tadiyawan, district Hardoi.
We have gone through the contents of the FIR as well as other documents annexed hereto.
In our opinion, since the FIR discloses commission of cognizable offence, as such, the same cannot be quashed.
However, considering the overall aspect of the matter, it is directed that the petitioner shall not be arrested in the above mentioned case crime number till filing of report under Section 173 (2) Cr.P.C., provided the petitioner cooperates with the investigation which shall go on.
With the above observations/directions, the petition is finally disposed of.
Order Date :- 4.12.2012 anb