B.BAIRAGI Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioner is the sole accused in C.C.No.7 of 2018 on the file of Judicial Magistrate of First Class, Tekkali for offences under Ss. 420, 403 and 406 of I.P.C. The gravamen of the charge in the charge sheet is that during the year 2014-15 the PACS, Tekkali purchased Paddy from 131 farmers in Khariff season and 26 farmers in Rabi season, common paddy variety to an extent of 2783.663 Mts and 180.920 MTs and Grade-A Paddy. The said Paddy is said to have been handed over to the rice mill of the accused for custom milling and the rice obtained from such custom milling was to be handed over to the Food Corporation of India with a conversion rate of 67% of the Paddy supplied to the rice mill of the accused. This would mean that the accused would have to deliver 1865.054 MTs of common CMR rice and 121.216 MTs and Grade-A CMR rice to the Food Corporation of India.

(2.) The charge sheet states that the accused had delivered only 1318.842 MTs of common CMR rice and there was no delivery of Grade-A CMR rice to FCI at all. On this basis, it is stated that the accused had misappropriated by way of breach of trust, an amount 299.063 MTs in KMS and 247.150 MTs of common CMR rice as well as 121.216 MTs of Grade-A CMR rice amounting to Rs.2,61,43,605.00.

(3.) The accused has now filed the present criminal petition to quash the said charge sheet on the ground that none of the offences mentioned in the charge sheet are made out.