HASMUKHLAL NAVLAKHA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure [for short "the Code"] has been filed for quashment of final report of Crime No.35/2015 of Police Station Mahidpur, District Ujjain for the offence under Sections 420 & 468 of IPC and Section 3/7 of the Essential commodities act.

(2.) Brief facts of this case are that on 14.07.2014 Bahadur Singh Chouhan, MLA, Mahidpur sent a written complaint to Director, Farmer Welfare and Agriculture Development, Bhopal stating that since the year 2004 to 2013 Navalakha Seeds, Mahidpur instead of producing the seeds purchased the seeds of Soyabean (1,53,930.4 quintal) and Wheat (41,415.47 quintal) from Krashi Upaj Mandi, Mahidpur and sold the same to farmers. Thus, he has cheated the farmers, hence, constitute the committee for inquiry. Thereafter three members Committee in the Chairmanship of Joint Director, Agriculture, Ujjain was constituted. After inquiry, on 26.11.2014 Committee has given a detailed report. The report was sent to Collector, Ujjain for registration of offence against Navalkha Seeds, Mahidpur. On 27.01.2015, Crime No.35/2015 was registered at Police Station Mahidpur for the offence punishable under Sections 420 and Section 3/7 of the E.C.Act against Navalkha Seeds, Mahidpur and the applicant being proprietor he was arrested. After investigation Police filed final report against the applicant for the offence under Sections 420 & 468 of IPC and Section 3/7 of the E.C.Act. Being aggrieved the applicant filed this petition for quashment of final report.

(3.) The petition is filed on the following grounds :-