SATENDRA SINGH SISODIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing the FIR registered as Crime No. 409/2012 at Police Station Dabra District Gwalior and subsequent proceedings of Criminal Case No. 230/2013 pending in the Court of JMFC, Dabra District Gwalior.

(2.) Brief facts just necessary for disposal of the petition are that, a report was lodged by the Sub-Divisional Officer (Revenue), Dabra District Gwalior vide his letter dated 04.06.2012, in which it has been alleged that the Wheat Purchase Centre, Gharsondhi has been illegally storing wheat at the centre. It is contended that on 04.06.2012, Junior Supplies Officers Shri R.S. Sharma and Shri Sandeep Chandel jointly inspected the private godown of the wheat dealer Madan Lal Sahu at village Sirohi, Baotha Road, Dabra. They found the mono-seal marked wheat bags of State Civil Supplies Corporation Year 2012-13, loaded in a Truck bearing registration No. MP06-HC-1443 in the godown campus and empty gunny bags of Government and stencil of Wheat Purchase Centre Gharsondhi, mono seal, a gunny bag, stitching machine and silk thread. On filing this report that Officer Incharge, Wheat Purchase Centre, Gharsondhi Aolk Jat, Computer Operator Sandeep Jat, Transport Contractor (petitioner) Satendra Singh Sisodiya, Truck Driver Munna Lal Prajapati, Wheat dealer Madan Lal Sahu, Partner Shankar Lal Sahu and the labourers Amar Singh, Vinod Sahu, Har Govind Sahu, Ramkumar, Mangal Singh, Maniram, Rakesh Barhar, Anil Sahu and Gulab Sahu were involved in this crime.

(3.) Crime No. 409/2012 was registered at Police Station Dabra for offence under Sections 420, 511 and 188 of IPC has been committed. After investigation charge-sheet has been filed against the accused persons along with petitioner Satendra Singh Sisodiya. A Criminal Case No.230/2013 was registered before JMFC, Dabra. The petitioner moved an application under Section 239 of Cr.P.C. claiming that no offence is made out against the petitioner for he has not committed any offence. In the order of Collector dated 12.02.2013 also nothing has been mentioned about the petitioner. However, his name is shown in the array of accused persons. The said application was decided vide order dated 11.09.2013 and learned trial Court dismissed the same stating that prima facie offence is made out against the petitioner Satendra Singh. Subsequently, the learned trial Court framed charge against the petitioner on 27.03.2014 for offence under Sections 420/511 and 188 of IPC.