PRADEEP TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned AGA.

(2.) THIS writ petition has been filed for quashing an FIR at case crime No. 22 of 2009, under sections 420, 423 and 424 IPC read with Section 22-A of the U. P. Sugarcane (Regulation of Supply and Purchased Act, 1953, (hereinafter referred to as the Sugarcane Act), at PS Pahasu, District Bulandshahr.

(3.) THE FIR in this case was lodged by the District Sugarcane Officer, Bulandshahr on 10. 2. 2009 at 8. 30 am. The allegation in the FIR were that an inspection was conducted on 6. 2. 2009 at 3. 10 pm in M/s. Triveni Sugar Mills, Sabitgarh, a sugar-mill run by the company of which the petitioner was the occupier. It was found that there was a discrepancy of 15 kg between the weighment in the sugarcane loaded trollies in the weighbridge No. 2 compared to the empty trollies weighed by the weigbridge No. 4. The agriculturalists were wrongly not given the slips prepared by the weighment committes but were given challan nos. 156720 and 152387. Since 4. 2. 2009 the payment for sugarcane was made by cash and not by cheque. Payments for the sugarcane purchase between 15. 1. 2009 and 3. 2. 2009 have not been made. All these activities were described as a fraud on the agriculturalists and the occupier (the petitioner) was held liable for the same.