PRAMOD KUMAR AGARWAL Vs. UTTARAKHAND STATE

JUDGEMENT

(1.) The present criminal application under Sec. 482 CrPC arises from a dispute concerning the removal of movable property from a petrol pump operated by the applicant under the name M/s Ram Mohan Agarwal, situated at Station Road, Kashipur, District Udham Singh Nagar. The applicant, Pramod Kumar Agarwal, is a dealer in the said business and has been running the petrol pump for several decades pursuant to a dealership agreement with Hindustan Petroleum Corporation Ltd. (HPCL), dtd. 1/6/1982.

(2.) On 4/5/2016, in the absence of the applicant, respondents Ashish Kumar Sharma (Area Sales Manager, HPCL), Mukesh Prasad (Deputy Manager, HPCL), Manoj Paul (Contractor, HPCL), along with certain police officials and unidentified individuals, entered the premises of the petrol pump. At that time, Udit Bansal, the applicant's son, was present and objected to their entry. Subsequently, dispensing units were removed, the store room was broken open, and approximately 1500 Liters of petrol, CVT, Mobil oil canisters, and other movable property were taken away in a Tata Magic vehicle.

(3.) On 5/5/2016, the respondents allegedly entered the premises again and removed approximately 1400 Liters of diesel from the underground storage tanks. The applicant contends that when his son attempted to resist, he was threatened with false legal action.