V. SARAN, J. ( 1 ) HEARD Sri C. L. Pandey, learned counsel for the petitioners and learned Standing Counsel. In the circumstances of the case it is expedient that this writ petition may be finally disposed of. ( 2 ) IN the night intevening 7/ 8-1-1993 five motor trucks carrying slack coal were intercepted by the Police of P. S. Robertsganj, district Sonbhadra. These were truck No. USM 8487 and No. UP 85-8749 belonging to petitioner No. 6 Paras Nath Pandey, truck No. UGZ 89 belonging to Petitioner No. 7 Bechan Prasad, truck No. MP 17-7209 belonging to Rang Bahadur Singh Petitioner No. 8 and truck No. UP 65b-6711 belonging to Taj Mohammad Petitioner No. 9. A First Information Report was thereafter lodged at P. S. Robertsganj, district Sonbhadra under Section 420 I. P. C. vide Crime No. 18 of 1993 against the writ petitioners. These trucks laden with slack coal are still in the custody of the Police. ( 3 ) IT is stated in the writ petition that M/ s. Sonhadra Coke Products, M/s. Sonbhadra Fuels and M/s. Singh Coal Briquettes (petitioners Nos. 1 to 3) are partnership firms of which Subhash Chandra Agrawal and Anil Kumar Agrawal (petitioners Nos. 4 and 5) are the partners. The firms carry on the business as small scale industries engaged in the manufacture of coal briquettes for which slack coal is used as raw material. It is further stated in the writ petition that the firms are registered by the Director of Industries, U. P. Kanpur, that the project has been sponsored by the Coal India Limited, that the linkage of supply of coal was sanctioned by the Coal India Limited and on the basis of which the subsidiary Company M/s. Northern Coalfields Limited Singarauli was directed to issue linkage of the slack coal to the petitioners and that the firms accorded permanent linkage for Supply of slack coal from Kakri Project, Northern Coalfields Limited. The writ petitioner goes on to state that slack coal has ceased to be a controlled commodity after G. O. No. 4958/ 299-59 Inta-84 dated 18-10-1989 issued under clause 18 of the U. P. Coal Control Order. According to the writ petitioners, slack coal in question was being transported to their industrial units mentioned above. The writ petitioner goes on to state that slack coal has ceased to be a controlled commodity after G. O. No. 4958/ 299-59 Inta-84 dated 18-10-1989 issued under clause 18 of the U. P. Coal Control Order. According to the writ petitioners, slack coal in question was being transported to their industrial units mentioned above. ( 4 ) APPLICATIONS were given to the learned C. J. M. Sonbhadra for the release of these five trucks and the slack coal laden on the trucks. The applications for the release of trucks were rejected by the learned C. J. M. Sonbhadra by his orders dated 23-1-93 contained in Annexure-11 to the writ petition and the applications for the release of the coal was rejected by order dated 25-1-93 contained in Annexure 14 to the writ petition. Certified copies of these orders have also been filed along with the writ petition. The learned C. J. M. has adopted a myopic approach to the question of the release of the trucks and the coal. The mere fact that a case has been registered against the writ petitioners under Section 420 I. P. C does not deprive the petitioners to claim their property. For all we know that the petitioner may be found to be innocent. Even if the trucks lost their way and over shot their destination by a few Kilometers in that foggy and chilly January night the writ petitioners cannot be condemned out right. The submission of the learned counsel for the petitioners that in order to frame up a case the seizure of the trucks was shown by the Police at some other place might ultimately be well founded. ( 5 ) THE offence of cheating is defined in S. 415 of the Penal Code which states :-"415. Cheating - whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceivedto do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind reputation or property, is said to "cheat". " (The emphasis is mine ). " (The emphasis is mine ). ( 6 ) IN the case of Ram Jas v. State of U. P. , AIR 1974 SC 1811 : (1974 Cri LJ 1261) the Supreme Court observed (Para 3) :-"the ingredients required to constitute the offence of cheating are : (i) There should be fraudulent or dishonest inducement of a person by deceiving him : (ii) (a) The person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) The person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived. " ( 7 ) THUS before the offence of cheating can be made out it has to be shown that demange or harm has been caused to the person so deceived. Prima facie these ingredients of the offence are lacking in the present case. ( 8 ) LEARNED counsel for the petitioners has cited the Division Bench case of M/s. Shakti Coal Company v. State of U. P. (Civil Misc. Writ Petition No.- of 1987, decided on 5-2-l992 ). In the said case a First Information Report under Sections 467/468/471 I. P. C. was lodged against the petitioners. Honble R. M. Sahai, J. (as he then was delivering the judgment for the Bench declined to quash the First Information Report but directed the release of the trucks and the coal and observed :-"but from the first information report itself it is apparent that retention of coal or truck for each day is harassment of petitioners. Therefore, without prejudice to the proceedings which are pending we direct opposite party No. 4 to release the truck and coal forthwith within 24 hours of production of a copy of this order. The prayer of standing counsel for imposing security of any sort is rejected". ( 9 ) THE facts of the present case are similar to the case of M/s. Shakti Coal Company (supra) and I respectfully agree with the view taken by the Division Bench. ( 10 ) IT is unfortunate that too much of interference by the State officials has virtually strangulated the economic growth of our country. ( 9 ) THE facts of the present case are similar to the case of M/s. Shakti Coal Company (supra) and I respectfully agree with the view taken by the Division Bench. ( 10 ) IT is unfortunate that too much of interference by the State officials has virtually strangulated the economic growth of our country. Even the small West European countries which bore the brunt of the World War II and even a small country like Japan which was devastated in the war and where the effects of nuclear radiation still persist are today industrial vanguards. Japan and Great Britain are tiny island nations having small areas of 1,43000 Sq. Miles and 89038 Sq. Miles respectively. It is distressing to note that our country which is a sub-continent stretching out over 12,62,000 Sq. Miles, blessed with natural bounties, rich in minerals and other resources is lagging far behind in industrial and economic growth. The industrial areas persent a picture of funeral gloom with industies becoming extinct one after the other. The closure of industries throws out thousands of skilled and unskilled workmen to join the crowd of the unemployed millions, some of whom flee to foreign lands in search of bread, some take to crimes while some starve. The spiralling crime graph of today gives enough evidence to bare out the observations made above. It is a bitter truth that no sooner a new enterprise springs up there arrive a multitude of unwelcomed guests, the Inspectors of innumerable Government departments. Soon the ambitions of these hard working adventurers sink to depths of despairs, they get tired, loose all they possess and the industries are nipped in the bud. In a recent case of M/s. Jamania Cold storage and Ice Plant v. Director of Horticulture, 1992 UPTC 1265, Honble Markandey Katju, J. observed that there is need to protect the business community. In para 18 of the judgment of the Honble Judge referred to the eternal words of Bhishm Pitamah in the shanti Parva of Mahabharat. The Honble Judge in Para 18 of his judgment has observed :-"in the Shantiparva of Mahabharat (Chapter 88, Shlokas 34-38) Bhishma Pitamah tells Yudhishthir : Upekshita hi nashyegur gomina aryana vasinah Tasmaat teshu visheshen mridupurvam samacharet". That is : "when the king harasses the businessmen and ignores their interest, the latter leave his kingdom and go to live in the forest. That is : "when the king harasses the businessmen and ignores their interest, the latter leave his kingdom and go to live in the forest. Hence the king should be specially kind to the businessmen. In para 19 of the judgment the Honble Judge further remarked :-"19. All this seems suprisingly modern, especially when we realise that these words were uttered about 3000 years ago. It seems that our ancients had more wisdom in many respects than we have today". ( 11 ) THE fact that in advanced countries, like America many Indians who have migrated from our country occup top positions in a variety of fields of science, engineering space research give enough to lend countenance to the observations made by the Markandey Katju, J. ( 12 ) THE time has come to keep a close watch on the activities of the officials who armed with State authority intermeddle with the economic and industrial life of our country creating a dense cloud of chaos and collapse of our economic future. Not only the business but also the other professionals and self employed persons who hither to have been cast to the mercy of winds need protection of the State. ( 13 ) ACCORDINGLY the writ petition is allowed and it is directed that the Station House Officer, Robertsganj, District Sonbhadra shall forthwith release trucks Nos. USM 8487, U. P. 85-9749, UGZ 89, M. P. 17-7209 and U. P. 65 B-6711 along with the slack coal laden on them to the respective registered owners petitioners Nos. 6 to 9, as mentioned in the earlier part of this judgment. ( 14 ) A certified copy of this order shall be issued to the learned counsel for the petitioners on payment of usual charges within a week. Petition allowed. .