MAJOR HARCHARAN SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Major Harcharan Singh
State of Uttarakhand and others
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V.K. Bist, J. -
(1.) HEARD learned counsel for the parties.
(2.) ISSUE notice to respondent No. 3 to be returnable at an early date. By means of the present writ petition, the petitioner has prayed for a writ of certiorari for quashing FIR No. 31 of 2012 under Section 3/7 of Essential Commodities Act dated 19.1.2012 lodged at P.S. Kotwali Kashipur, District Udham Singh Nagar. Further, the petitioner has sought a writ of mandamus directing the respondents not to arrest the petitioner in respect of FIR No. 31 of 2012 under Section 3/7 of Essential Commodities Act lodged at Police Station Kotwali Kashipur, District Udham Singh Nagar, Uttarakhand.
(3.) BRIEF facts giving rise to the present writ petition are that a tractor (No. URN 5221) along with trolley was caught in front of Captain Rice Mill Aliganj Road, Kashipur, District Udham Singh Nagar by the Police on the complaint of one Shailesh Nath Tiwari and an FIR was lodged against unknown tractor driver of the said tractor on 19.1.2012 under Section 3/7 of Essential Commodities Act. In the first information report, it was alleged that there were 296 bags of rice in the name of Balwant Rice Industries and each bag was containing 50 kilograms of rice. On 14.2.2012, one news item has been published in the newspaper, due to which, the petitioner apprehends that the police may arrest him. The petitioner obtained the certificate from the Senior Seeds Inspector Kashipur, District Udham Singh Nagar that Major Har Charan Singh has neither applied for any licence nor he is having any licence. The petitioner also obtained a certificate from the Commercial Tax Department that he is not having any registration or partnership in any firm.;
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