MANISH KUMAR YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is directed against the order dated 8-2-2000, passed by Sessions Judge, Narsinghpur, in Special Case No. 2/2000.

(2.) The facts of this case are that the petitioner Manish Kumar Yadav is the proprietor of Krishna Gas Agency, Gadarwara, District Narsinghpur, allotted to him in the capacity of a handicapped person. It is the case of the petitioner that he resides permanently at Jabalpur and visits Gadarwara occasionally for supervising the work of the said agency. The Food Officer and the Food Inspector had received information that the persons-in-charge of Krishna Gas Agency, Gadarwara, were supplying gas cylinders to the customers at the rate of Rs. 180/- per cylender and the actual price of a cylinder was already reduced to Rs. 170,10, with effect from 5-3-1999. Thereafter, upon making an enquiry, the Assistant Food Officer and the Food Inspector, on 6-3-1999, found that Avnish Tiwari and Deepak Budholiya who were running the Krishna Gas Agency, were selling the gas cylinders of L.P.G. on higher rate. Consequently, the police, after investigation, filed a charge-sheet against Avnish Tiwari and Deepak Budholiya. The Investigating Officer was of the view that the petitioner Manish Kumar Yadav was not at Gadarwara at the time the gas cylinders were being sold at Krishna Gas Agency, as his wife had given birth to a child on 5-3-1999, and since he was not aware of the matter, it was thought proper not to prosecute him. Accordingly, an application/report under Section 169 of the Code of Criminal Procedure was filed along with the challanstating that the petitioner was not found to be guilty of any offence.

(3.) The learned Sessions Judge, Narsinghpur, by the impugned order dated 8-2-2000 decided the aforesaid application under Section 169 of the Code of Criminal Procedure, holding that the petitioner Manish Kumar Yadav was liable to be prosecuted along with co-accused Avnish Tiwari and Deepak Budholiya, and, therefore, directed that the name of the petitioner be shown in the charge-sheet along with the said two co-accused persons.