VIVEK D. WAKECHAURE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Vaibhav Tripathi, learned counsel for the applicant, Shri Shashi Dhar P andey, learned A.G.A. appearing for the State and perused the records.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed for quashing of the charge sheet no.06 of 2015 including entire proceeding emanating therefrom being Case No.1789 of 2015 (State Vs. Vivek D Wakechaure) (Case Crime No.44/2014) u/s 418, 420, 427, 465, 467, 471, 472, 474 IPC, P.S.- Chiragon, District- Jhansi pending before A.C.J.M.- Ist, Jhansi.

(3.) Learned counsel for the applicant submits that the applicant is a 'Senior Mobile Lab Officer' in Hindustan Petroleum Corporation Ltd. and he was assigned the job of checking the dispensing units of distributors (petrol pump herein) as well as quality check of petroleum products being sold from the petrol pumps pertaining to Agra Region. On 12/9/2009, the applicant along with his team, inspected a petrol pump in District- Jhansi (Agra Region) i.e. M/s Bhagwan and Company, and it was found that the dispensing unit of the first informant's petrol pump are malfunctioning from the nozzle and quality of the diesel was also found malfunctioning. The same was sent to the lab for further investigation. A random inspection report dtd. 12/9/2009 was prepared by the applicant mentioning therein 'HSD DU Short delivering 70 ml per strike short'. Thereafter, the sales and supplies of the petrol pump of the first informant was suspended. The recovered articles were sent to the respective labs immediately and as per report of the Quality Control Lab of the Corporation at Mathura, vide dtd. 17/9/2009 (as per marketing discipline guidelines), it was found that the sample does not meet the specification as per IS-1460-2005 (latest version) in Sulphur content and it was found that the FBP is 3600 C and the total recovery is 96%.