C. RAMALINGAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the FIR in Crime No.48/2018 and the charge sheet in C.C.No.1018/2019 on the file of JMFC., at Mandya and pass such other relief/s as this Court deemed fit in the facts and circumstances of the case.

(2.) The factual matrix of the case is that in the charge sheet an allegation is made that on 30.01.2018, when CW.1 was in the Police Station at 7:15 a.m, CW.19 gave an information that in the rented premises of Holalu Grama Panchayath, the accused person was illegally refilling the gas. Based on the credible information, CW.1 by obtaining the search warrant from CW.25 went in a Police Jeep along with CWs.19 to 24 and also took CWs.2 and 3 with them, at around 9:00 a.m, conducted the raid. At that time, accused from the cylinders of domestic LPG, illegally refilling the same to the commercial cylinders and auto cylinders. On inspection, they found one filled gas cylinder and 9 empty gas cylinders belongs to Bharat Gas, in total 10 cylinders. They also found one empty and 5 filled gas cylinders belongs to H.P.Company and one empty cylinder belongs to Shakthi Company and two auto cylinders, one re-filling stick and one weighing scale with weighing stones of 10 Kg, 5 Kg, 2 Kg, Kg, 100 grams of one each, weighing stones of 1 Kg and 200 grams, 2 each, 08 customers books of H.P.Gas Company, 04 customers books of Bharat Gas Company and a cash of Rs.3,900/-. He was converting domestic LPG to commercial cylinder and selling the same for higher price. The police have also registered the case and investigated the matter and filed the charge sheet for the offence under Sections 3 and 7 of the Essential Commodities Act, 1955 ( the EC Act for short) and Order 3(1)(a)(b)(c) of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 ( the LPG Order, 2000 for short). Hence, the present petition is fled before this Court.

(3.) The learned counsel appearing for the petitioner in her arguments, she vehemently contends that a false case has been registered against the petitioner herein for non-compliance of Section 154 of Cr.P.C. The learned counsel would vehemently contend that when the cognizable offence is came to the knowledge of the Investigating Officer, he ought to have registered the case and the same has not been done. The learned counsel would contend that there is an inordinate delay in submitting the report to the jurisdictional Magistrate as required under Sections 157 and 158 of Cr.P.C. The criminal proceeding initiated against the petitioner is only to harass the petitioner and an FIR discloses that the same was sent to the Court at 10:45 a.m. on 30.01.2018 through one Sri Honnaiah, HC 363. However, the endorsement upon the said document shows that the learned Magistrate received it only at 8 p.m. on 30.01.2018. Thus, it is evident that the FIR dated 30.01.2018 was prepared at the instance of some person and the statements therein are not true. The respondent-Police have conducted preliminary investigation on 30.01.2018 by conducting search and seizure of the shop belonging to the petitioner and only thereafter they have prepared a First Information Report in due violation of Section 154 of Cr.P.C. The Mahazar is also a fabricated document, which is prepared in the office of the PSI, if the PSI had drawn the Mahazar in the spot as per Section 100 of Cr.P.C., the copy of the Mahazar should have been delivered to the petitioner, which is not done in the instant case, which clearly evidences the fact that no Mahazar was drawn in the spot. The Mahazar discloses that the raid was commenced at 9:00 a.m., but in the end of the Mahazar, it is clearly mentioned that the Mahazar was prepared between 11:15 a.m. and 1:15 p.m. However, the report of Sri Azaruddin was prepared at the spot at 9:45 a.m. and sent through PC-32 Raghuraje Urs to the Rural Police Station for the purpose of registering the First Information Report .