In the Hon’ble High Court of Judicature at Allahabad

-----------
Index
In
Criminal Misc. Writ Petition No. of 2020
(U/A 226 of the Constitution of India)

(District-Shamli)
Amit Kansal-------------------------------------Petitioner
Versus
State of U.P. & others---------------------Respondents
-------

Sl. Particulars of documents. Date Ann Pages

No.
1. Date Chart.
2. Criminal Misc. Stay Application. [Under
Chapter XXII Rule 1 of the Rules of the Court]
3. Criminal Misc. Writ Petition (U/A 226 of the
Constitution of India)
4. True copy of Impugned first information 7.2.2020 1
report in Case Crime No. 46 of 2020.
5. True copy of the petitioner’s Registration 8.10.2018 2
Certificate.
6. True copy of the TIN/Registration 28.7.2018 3
No.09BHLPK2751DIZD.
7. True copy of the respective Certificates of 4
Registering the petitioner’s Trade Marks.
8. True copy of the copy of assessment for 1.1.2020 5
Tax visualizing the fair functioning of his to
firm without having any involvement in 31.1.2020
any black marketing or adulteration etc.
9. Affidavit.
10. Vakalatnama.

Dt.

(Sushil Kumar Pandey)

Advocate
Counsel for the Applicant
Seat no.1 behind chamber no.67
High Court Allahabad
Mobile – 9954368059
Advocate Roll No. A/S 1771/2012
 1

In the Hon’ble High Court of Judicature at Allahabad

----------
Date Chart
In
Criminal Misc. Writ Petition No. of 2020
(U/A 226 of the Constitution of India)

(District-Shamli)
Amit Kansal-------------------------------------Petitioner
Versus
State of U.P. & others---------------------Respondents
======

Sl. Date Events.

no.
1. It is alleged that on the information of Police Informer the
Bolero Pick Up No. U.P. 19T 1176 is having the
adulterated mustered oil and it is coming from the
Panipat and as such the said Vehicle was stopped by the
Police team and the co-accused Nazim was caught. The
Police also claim to have recovered the adulterated
mustered oil having its total quantity as 945 Liters in
different 21 plastic bottles containing 45 Liter oil each. It
is also alleged that the arrested co-accused Nazim has
disclosed the name of petitioner by saying that the load
material is going to deliver to the petitioner which the
petitioner uses to sell in the market under the
name/mark of different companies. It is also alleged that
the sample was also taken and sent for chemical analysis
with due procedure.
2. 7.2.2020 The Impugned FIR has been lodged against the co-
accused Nazim and petitioner in Case Crime No. 46 of
2020, U/s 420, 465, 468, 471 of I.P.C., P.S. Kairana,
District Shamli.
3. Now under the Impugned FIR the petitioner is being
harassed in Case Crime No. 46 of 2020, U/s 420, 465,
468, 471 of I.P.C., P.S. Kairana, District Shamli.
Hence this Writ Petition.

Dt.

(Sushil Kumar Pandey)

Advocate
Counsel for the Petitioner
 2

In the Hon’ble High Court of Judicature at Allahabad

----------
Criminal Misc. Stay Application No. of 2020
[Under Chapter XXII Rule 1 of the Rules of the Court]

On behalf of Petitioner
In
Criminal Misc. Writ Petition No. of 2020
(U/A 226 of the Constitution of India)

(District-Shamli)

Amit Kansal son of Sudhir Kansal,

R/o Aldarmiyan, Town & P.S. Kairana, District Shamli.
Proprietor, M/s Shorya Agro Oils,
Chowk Bazar, Kairana, Shamli, U.P.
----------Petitioner
Versus
1. State of U.P. through Secretary (Home),
Government of Uttar Pradesh Lucknow.
2. Station House Officer, P.S. Kairana, District Shamli.
3. Sub Inspector, Sri Krishna Pal Singh,
P.S. Kairana, District Shamli.
--------Respondents
==
To,
The Hon’ble the Chief Justice and his other companion
Judges of the aforesaid court.
The humble application of the above named Petitioner
most respectfully showeth as under:-
1. That the full facts and circumstances have been stated in the
accompanying writ petition.
2. That in view of the facts and circumstances stated in the accompanying
writ petition it is expedient in the interest of justice that this Hon’ble
Court may graciously be pleased to direct the respondent no.2 not to
arrest or harass the Petitioner in pursuance to impugned first
information report dated 7.2.2020 registered in Case Crime No. 46 of
2020, U/s 420, 465, 468, 471 of I.P.C., P.S. Kairana, District Shamli,
during the pendency of the present writ petition, otherwise the
Petitioner will suffer an irreparable loss and injury.
 3

Prayer
It is, therefore, most respectfully prayed that this Hon’ble Court may
graciously be pleased to direct the respondent no.2 not to arrest or harass
the Petitioner in pursuance to impugned first information report dated
7.2.2020 registered in Case Crime No. 7.2.2020 registered in Case Crime
No. 46 of 2020, U/s 420, 465, 468, 471 of I.P.C., P.S. Kairana, District
Shamli, during the pendency of the present writ petition, and/or to pass
any suitable order or direction to which this Hon’ble Court may deem fit
and proper in the interest of justice.

Dt.
(Sushil Kumar Pandey)
Advocate
Counsel for the Petitioner
 4

In the Hon’ble High Court of Judicature at Allahabad

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“In Case Crime No. 46 of 2020, U/s 420, 465,

468, 471 of I.P.C., P.S. Kairana, District Shamli.”

Criminal Misc. Writ Petition No. of 2020

(U/A 226 of the Constitution of India)

(District-Shamli)

Amit Kansal son of Sudhir Kansal,

R/o Aldarmiyan, Town & P.S. Kairana, District Shamli.
Proprietor, M/s Shorya Agro Oils,
Chowk Bazar, Kairana, Shamli, U.P.
----------Petitioner
Versus
1. State of U.P. through Secretary (Home),
Government of Uttar Pradesh Lucknow.
2. Station House Officer, P.S. Kairana, District Shamli.
3. Sub Inspector, Sri Krishna Pal Singh,
P.S. Kairana, District Shamli.
--------Respondents
==
To,
The Hon’ble the Chief Justice and his other companion
Judges of the aforesaid court.
The humble petition of the above named Petitioner most
respectfully showeth as under:-

1. That this is the first writ petition before this Hon’ble Court on behalf of
Petitioner in respect of the relief as claimed therein and further till date
no caveat notice has ever been received by the Petitioner from any of the
respondent regarding the instant writ petition. The offence in question
as shown in the impugned first information report is punishable above
seven years and till date the investigation in the matter against the
petitioner is pending and no police report whatsoever has been
submitted so far.
 5

2. That the present writ petition is being preferred against the impugned
first information report dated 7.2.2020 registered in Case Crime No. 46
of 2020, U/s 420, 465, 468, 471 of I.P.C., P.S. Kairana, District Shamli.
The petition is preferred with a prayer to quash the above said
impugned first information report and the respondents particularly the
respondent no.2 may also be directed not to arrest or harass the
Petitioner in pursuance to impugned first information report dated
7.2.2020 registered in Case Crime No. 46 of 2020, U/s 420, 465, 468,
471 of I.P.C., P.S. Kairana, District Shamli.

3. That the Impugned FIR dated 7.2.2020 registered in Case Crime No. 46
of 2020, U/s 420, 465, 468, 471 of I.P.C., P.S. Kairana, District Shamli
against the petitioner and co-accused Nazim alleging therein that on the
information of Police Informer the Bolero Pick Up No. U.P. 19T 1176 is
having the adulterated mustered oil and it is coming from the Panipat
and as such the said Vehicle was stopped by the Police team and the co-
accused Nazim was caught. The Police also claim to have recovered the
adulterated mustered oil having its total quantity as 945 Liters in
different 21 plastic bottles containing 45 Liter oil each. It is also alleged
that the arrested co-accused Nazim has disclosed the name of petitioner
by saying that the loaded material is going to deliver to the petitioner
which the petitioner uses to sell in the market under the name/mark of
different companies. It is also alleged that the sample was also taken
from the petitioner’s Firm and sent for chemical analysis with due
procedure. True copy of the impugned first information report dated
7.2.2020 in case Crime No. 46 of 2020 is being enclosed herewith and
marked as Annexure no.1 to this writ petition.

4. That the so far as the petitioner is concerned, in this regard it is

submitted that the petitioner earns his livelihood through the business
of oil and is accordingly having its registration as wholesaler with its
Registration No.12718075000145 before the Department of Food Safety
and Drug Administration, Government of U.P. under the provisions of
Food Safety and Standards Act 2006 which is lastly renewed on
8.10.2018 with its validity upto 7.10.2020 with due payment of its
License Fee as Rs.4, 000/- as Food Business Operator in the category of
 6

Fats and oils, and fat emulsion. The Registration Certificate was duly
issued vide dated 8.10.2018 under the signature of concerned authority.
True copy of the petitioner’s Registration Certificate dated 8.10.2018 is
being enclosed herewith and marked as Annexure no.2 to this writ
petition.

5. That the petitioner is also having his business registered with G.S.T.
with its Trade Name as M/s Shorya Agro Oils, having its principal place
of business at Shorya Agro Oils, Chowk Bazar, Kairana, Shamli, U.P.
with its GST and TIN/Registration No.09BHLPK2751DIZD dated
28.7.2018. True copy of the TIN/Registration No.09BHLPK2751DIZD
dated 28.7.2018 is being enclosed herewith and marked as Annexure
no.3 to this writ petition.

6. That the petitioner has also applied for Trade Mark of his business
product and with due procedure the petitioner has been provided two
Trade Marks as Gold Star and Chirag on making payment of its
requisite fee as Rs.4500/- for each trade mark. The petitioner’s firm is
using the above said both Trade Marks i.e. Gold Star and Chirag
continuously and extensively since 7.8.2017 in respect of rice bran oil,
mustered oil. The respective Certificates of Registering the petitioner’s
Trade Marks are being enclosed herewith and marked as Annexure
no.4 collectively to this writ petition.

7. That the petitioner is also filing the copy of assessment for Tax from
1.1.2020 to 31.1.2020 visualizing the fair functioning of his firm without
having any involvement in any black marketing or adulteration etc. copy
thereof is being enclosed herewith and marked as Annexure no.5 to
this writ petition.

8. That the petitioner has no concern with the offence in question in as

much as he has been implicated in the alleged offence only due to
malicious politics in collusion with the local police as well as the
persons who are on inimical terms with the petitioner due to business
rivalry.
 7

9. That admittedly the recovered vehicle i.e. Bolero Pick Up No. U.P. 19T
1176 is not owned by petitioner nor the petitioner is having any
connection with the recovered material from the said vehicle. The
petitioner has no previous criminal anticipant at all except the alleged
offence that too only on the extra judicial confession before the police by
the co-accused Nazim.

10. That except the extra judicial confession before the police by the co-
accused Nazim, there is no evidence whatsoever connecting the
petitioner with the crime in question. The report of chemical analysis
regarding sample taken from the petitioner’s Firm is still awaited.

11. That the from bare perusal of the first information report prima-facie
no offence is made out against the Petitioner as there is no direct or
indirect evidence against the Petitioner which connect him in the alleged
offence.

12. That the Petitioner has never committed any untoward happening with
anyone nor has ever indulged himself in selling the adulterated material
in the market but the petitioner is being harassed by the police under
the impugned FIR has been lodged.

13. That the Petitioner being wholly innocent and law abiding citizen, has
no motive or intention to commit the offence as alleged in the
prosecution story, so far as the motive if any shown from the side of
prosecution, the same is totally bogus and unreliable.

14. That the Petitioner has no criminal antecedent at all except the false
cases from the side of complainant.

15. That in view of the aforesaid facts and circumstances it is expedient in

the interest of justice that this Hon’ble Court may graciously be pleased
to direct the respondent no.2 not to arrest or harass the Petitioner in
pursuance to impugned first information report dated 7.2.2020
registered in Case Crime No. 46 of 2020, U/s 420, 465, 468, 471 of
I.P.C., P.S. Kairana, District Shamli during the pendency of the present
 8

writ petition, otherwise the Petitioner shall suffer an irreparable loss

and injury.

16. That the Petitioner has no other alternative, speedy and efficacious
remedy than to file this writ petition under article 226 of the
constitution of India on the following grounds inter-allia:-

Grounds
I. Because from bare perusal of the first information report prima-facie
no offence is made out against the Petitioner as there is no direct or
indirect evidence against the Petitioner which connect him in the
alleged offence.

II. Because the petitioner has no concern with the offence in question in
as much as he has been implicated in the alleged offence only due to
malicious politics in collusion with the local police as well as the
persons who are on inimical terms with the petitioner due to business
rivalry.

III. Because admittedly the recovered vehicle i.e. Bolero Pick Up No. U.P.
19T 1176 is not owned by petitioner nor the petitioner is having any
connection with the recovered material. The petitioner has no previous
criminal anticipant at all except the alleged offence that too only on
the extra judicial confession before the police by the co-accused
Nazim.

IV. Because except the extra judicial confession before the police by the
co-accused Nazim, there is no evidence whatsoever connecting the
petitioner with the crime in question.

V. Because the Petitioner has never committed any untoward happening

with anyone nor has ever indulged himself in selling the adulterated
material in the market but the petitioner is being harassed by the
police under the impugned FIR has been lodged.

VI. Because the Petitioner, being wholly innocent and law abiding citizen,
has no motive or intention to commit the offence as alleged in the
 9

prosecution story, so far as the motive if any shown from the side of
prosecution, the same is totally bogus and unreliable.

VII. Because the petitioner is also having his business registered with
G.S.T. with its Trade Name as M/s Shorya Agro Oils, having its
principal place of business at Shorya Agro Oils, Chowk Bazar,
Kairana, Shamli, U.P. with its GST and TIN/Registration
No.09BHLPK2751DIZD dated 28.7.2018.

Prayer
It is, therefore, most respectfully prayed that this Hon’ble court
may graciously be pleased to:-

(i) Issue a writ, order or direction in the nature of certiorari, calling for
the record and to quash the impugned first information report dated
7.2.2020 registered in Case Crime No. 46 of 2020, U/s 420, 465,
468, 471 of I.P.C., P.S. Kairana, District Shamli (Annexure No. 1 to
this writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus

commanding the respondent no.2 not to arrest or harass the
Petitioner in pursuance to impugned first information report dated
7.2.2020 registered in Case Crime No. 46 of 2020, U/s 420, 465,
468, 471 of I.P.C., P.S. Kairana, District Shamli.

(iii) Issue any suitable order or direction to which this Hon’ble Court may
deem fit and proper in the interest of justice.

(iv) Award the costs of this writ petition in favour of Petitioner.

Dt.

(Sushil Kumar Pandey)

Advocate
Counsel for the Petitioner
 10

In the Hon’ble High Court of Judicature at Allahabad

----------
Affidavit
In
Criminal Misc. Writ Petition No. of 2020
(U/A 226 of the Constitution of India)

(District-Shamli)
Amit Kansal------------------------------------Petitioner
Versus
State of U.P. & others---------------------Respondents
=====

Affidavit of: -
Amit Kansal, Aged about 41 Years, son of
Sudhir Kansal, Resident of Aldarmiyan,
Town & P.S. Kairana, District Shamli.
Religion Hindu, Occupation Private Work.
(Deponent)

I, the deponent above named do hereby solemnly affirm and state on

oath as under:-

1. That the deponent aforesaid is the sole petitioner in the above noted case
as such is well acquainted with the facts deposed to below. The deponent
belongs to Hindu religion and he earns his livelihood through Private work.

I, the deponent above named most solemnly affirm and state on oath
that the contents of Paragraph No.1 of this affidavit and those contents of
Para nos.1, 2, 8, 9, 10, 11, 12, 13 & 14 of the accompanying writ petition
are true to my personal knowledge, those contents of Paragraph Nos.3, 4,
5, 6 & 7 of the accompanying writ petition are based on perusal of the
record, those contents of Paragraph No.15 & 16 of the accompanying writ
petition are based on the legal advice, which the deponent believes to be
true, that no part of it is false and nothing material has been concealed.

So help me God.
(Deponent)
 11

I, Sushil Kumar Pandey, Advocate, High Court, Allahabad do

hereby declare that the person making this affidavit and alleging himself to
be the deponent is the same person and is known to me from the perusal of
the record, which he produced before me on the connection of this case.

(Advocate)
Advocate Roll No. A/S 1771/2012

Solemnly affirmed before me on this day of March, 2020 at about __

Am/pm by the deponent who has been identified by the aforesaid Advocate.

I have satisfied myself by examining the deponent that he understands the

contents of this affidavit, which has been read over and explained to him.
(Oath Commissioner)
 12

In the Hon’ble High Court of Judicature at Allahabad

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Annexure No.

In

Criminal Misc. Writ Petition No. of 2020

(U/A 226 of the Constitution of India)

(District-Shamli)

Amit Kansal------------------------------------Petitioner

Versus

State of U.P. & others---------------------Respondents

=====

------------Copy attached /-