LAWS(MPH)-2020-7-15

VIMAL KUMAR YADAV Vs. STATE OF MADHYA PRADESH

Decided On July 06, 2020
Vimal Kumar Yadav Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner for quashing of First Information Report registered at Police Station Pohri, District Shivpuri in connection with Crime No.142/2020 for the offence punishable under Sections 420 , 272 , 273 , 34 of IPC.

(2.) The facts leading to filing of present petition are that the petitioner was initially appointed as Salesman in Primary Agriculture Credit Co-operative Society, Pohari, District Shivpuri on 19/1/1986, thereafter promoted to the post of Assistant Samiti Prabandhak on 15/6/1988. Since then, the petitioner is discharging his duty with utmost satisfaction to his superiors. The aforesaid Society is a Primary Cooperative Society registered under Section 9 of the M.P. Cooperative Societies Act of 1960 (for brevity "the Act of 1960"), to which the work of procurement of Gram (chana), Lentil (Masoor) and Mustard Seeds (sarson) during Rabi Procurement Year 2020-21 has been assigned by declaring it as purchasing center. There are two centers intact with the respondent-Society in which Bhatnavar Society was nominated as one of sub-center and discharging the duty. It was authorized to implement the welfare scheme introduced by the State Government.

(3.) Learned counsel for the petitioner has submitted that vide order dated 27/4/2020, Administrator, Primary Cooperative Society Ltd., Pohri had handed over the charge of both the Societies to the petitioner to discharge his duties and function of Samiti Prabandhak and accordingly appointed as Center In-charge to implement the aforesaid scheme. The petitioner was discharging his duties as Center In-charge with full devotion but all of a sudden in order to procure work more convenient, one Shri Dinesh Verma, Salesman of Primary Society, Pohari has been assigned the duty as Center In-charge at Bhatnavar Society by order dated 22/5/2020. Meaning thereby, w.e.f 22/5/2020, the petitioner never remained In-charge of Procurement Center Bhatnavar, when incident was allegedly happened.