HARIBABU SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) G.D. Saxena, J. In this application under Section 482 of the Code of Criminal Procedure petitioner has prayed for quashing the proceedings against him under Section 3/7 of the Essential Commodities Act (hereinafter to be referred as 'the Act') pending before the Judicial Magistrate First Class, Bhind.

(2.) THE brief facts, just essential for the decision of this case are that the petitioner being the Secretary of Bratakar Sahakari Sewa Samiti was engaged in running the Fair Price Shop under the Public Distribution System Order 2009 for distribution of essential commodities to the ration card holders. It is alleged that after having come to know through various complaints that the petitioner is involved in committing irregularities in distribution foodstuffs to the card holders and thereby violated the rules of the Public Distribution System, an inquiry was conducted by the Sub Divisional Officer. After inquiry, the report was sent to the concerning police station for registering the FIR against the petitioner for the offence of the contravention of the provisions of certain Control Orders promulgated relating to essential commodities under Section 3 of the Act which is punishable under Section 7 of the Act. On lodging FIR, the investigation was set in motion. After investigation, charge-sheet was filed before the Judicial Magistrate First Class, Bhind. The trial is under progress.

(3.) HEARD the learned counsel appearing for both the sides. Also perused the charge-sheet papers and the documents filed by the petitioner alongwith relevant provisions of law applicable to the case.