LAWS(ALL)-2018-1-12

SMT. REETA GUPTA Vs. STATE OF U.P.

Decided On January 09, 2018
Smt. Reeta Gupta Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This writ petition has been filed for quashing of the First Information Report arising out of Case Crime No.349 of 2017, under Sections 265, 267, 420, 467, 468, 471, 484 IPC, Section 3/7 Essential Commodities Act and Sections 12, 26, 30 Legal Metrology Act, Police Station Chinhat, District Lucknow.

(2.) In the year 1998, dealership of petrol pump in the name of M/s Saket Filing Centre was given to Mr. L.C. Gupta, the husband of the petitioner by the IBP Company Limited which has now got merged with Indian Oil Corporation. The dealership has been carried on in the name and style of M/s Saket Filling Centre. It is averred in the writ petition that in the month of June 1991, husband of the petitioner developed serious heart ailment and was operated upon. The petitioner got inducted into the business of the dealership as a sleeping partner and a partnership deed dated 1.4.1992 was executed in which the husband of the petitioner and the petitioner are two partners.

(3.) The important clauses of the partnership deed dated 1.4.1992 between the petitioner and her husband are extracted herein below:-