RAMA SHANKAR MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned A.G.A. for the State and perused the material available on record.

(2.) By means of this petition under Sec. 482 Cr.P.C. the petitioner has prayed for a writ of certiorari quashing the summoning order dtd. 10/11/2020 passed by learned Judicial Magistrate, Kheri in Case No. 1998 of 2020 arising out of Case Crime No. 63 of 2020, under Sec. 406 IPC, Police Station Phoolbehad, District Kheri as well as charge sheet no. 182 of 2020 dtd. 7/6/2020 submitted by the police in the aforesaid case.

(3.) Learned counsel for petitioner has submitted that a false and frivolous FIR under Sec. 406 IPC was registered by the Assistant Development Officer (Cooperative) Block Phoolbehad, Kheri on 22/2/2020 with the allegation that the petitioner being In-charge of Paddy Purchase Centre, FSS Servayant Maineha and the petitioner purchased more than 100 quintal paddy from farmers in violation of purchase policy of paddy in purchase year 2019-20. After loding of the FIR, the Investigating Officer after completing the formalities of investigation filed charge sheet against the petitioner under Sec. 406 IPC.