NAROTTAM SINGH TOMAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Cr.P.C. for quashing the criminal complaint pending before J.M.F.C. Ambah District Morena in case no. 269/08 and also quashing the F.I.R. registered at Crime No. 23/08 for the offence punishable under section 3/7 of Essential Commodities Act 1955.

(2.) THE brief facts of the petition are that the petitioner is president of Jai Girraj Prathmik Upbhokta Bhandar who is running the fair price shop under the provision of M.P.Khadya Pradarth Sarvjanik Nagrik Poorti Scheme. It is alleged that the complainant S. N. Verma was posted as Kanishth Apurti Adhikarai Amhabh. On 12.02.2008 complainant along with S.D.M. Ambah came to inspect the distribution of kerosene at Porsa. Rakesh Prajapati met in front of Police Station carrying 100 liters of kerosene oil in two canes. On interrogation Rakesh Prajapati disclosed that Narottam Singh Tomar,who is the President of Jai Girraj Prathmik Bhandar, Porsa has entrusted him to keep it for illegal sale. The kerosene oil was seized and was given on Supurdgi to Surendra Singh, Manager Lead Sanstha, Porsa and report was lodged at Police Station Porsa, whereby Crime No. 23/08 under Section 3/7 of the Essential Commodities Act has been registered against the petitioner. After due investigation the Charge -sheet has been filed in the Court of J.M.F.C. Ambah. Being aggrieved the petitioner has preferred this petition.

(3.) THE learned Counsel for the respondent/ State has submitted that after due investigation Charge -sheet has been filed against the petitioner and there is prima facie violation of provision of Essential Commodities Act. Hence, proceeding cannot be quashed.