HEMENDRA KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present petition under section 482 of Code of Criminal Procedure (for short Cr.P.C.), the petitioner has prayed for quashing the charge -sheet no. 54A of 2012 dated 7.6.2012 arising out of case crime no. 89 of 2012, P.S. Thakurganj, District Lucknow under sections 384,452,420,506 and 120 -B IPC and summoning order dated 20.7.2012 passed by the learned Additional Chief Judicial Magistrate (CBI), Lucknow in pursuance of the aforesaid charge sheet.

(2.) BRIEF facts for deciding this petition are that father of petitioner late Gangadhar Gupta was allotted the distributorship of Liquid Petroleum Gas (for short LPG) under freedom fighter's quota in the year 1984. He passed away in 2006. Thereafter the Territory Manager, Bharat Petroleum Corporation Ltd (for short ''BPCL') vide order dated 24.2.2006 granted temporarily distributorship to the mother of the petitioner Smt. Saraswati Devi. The petitioner's mother also passed away on 15.4.2009. Though father and mother in their life time had moved to BPCL for transferring the proprietorship/distributorship of Gas Agency; namely; M/s Saraswati Gas Service in the name of petitioner Harendra Kumar Gupta but inspite of it after death of Smt. Saraswati Devi, the mother of the petitioner, BPCL suspended the distributorship. The petitioner wrote a letter to the BPCL to reconstitute the dealership of M/s Saraswati Gas Service in the name of petitioner on the basis of the will of the father, but BPCL did not pay heed to it. Therefore, the petitioner filed a writ petition bearing no. 1297 of 2010 (M/B) before this Court . In that writ petition Shailendra Kumar and Yogendra Kumar the brothers of petitioner, were also impleaded as party. This Court vide order dated 29.4.2010 disposed of the said writ petition with direction that transfer of dealership in the name of petitioner shall be considered by the Corporation and the same shall not be refused merely on the ground that 'no objection certificate' has not been furnished by Sri Shailendra Kumar and Sri Yogendera Kumar.

(3.) AFTER the order passed by this court in the aforesaid writ petition, the BPCL considered but rejected the prayer for reconstitution of dealership made by the petitioner vide its letter dated 28.9.2010. Aggrieved by the same, the petitioner again filed another writ petition bearing no. 11716 of 2010 (MB) before this Court. The brother of petitioner Yogendra Kumar Gupta also filed a writ petition bearing no. 5535 of 2010 (MB). Both petitions were clubbed together and decided by common order dated 4.7.2011, whereby the writ petition filed by the petitioner was disposed of with direction that the Corporation shall proceed in the matter in accordance with law without insisting for any ''no objection' from Smt. Usha Gupta and writ petition filed by Yogendra Kumar Gupta was dismissed with direction to seek remedy before appropriate forum as provided under law. The brother of petitioner Yogendra Kumar Gupta filed Review Petition bearing no. 214 of 2011 for reviewing the order dated 4.7.2011 passed by this Court. This Court vide order dated 4.8.2011 dismissed the review petition.