LAWS(MPH)-2017-1-29

SANJEEV KUMAR JAIN Vs. STATE OF M.P.

Decided On January 19, 2017
SANJEEV KUMAR JAIN Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed for quashing the FIR No. 418/2014 registered by Police Station Mungawali, District Ashok Nagar for offence punishable under Section 3/7 of Essential Commodities Act, 1955.

(2.) It is contended by the counsel for the applicant that the applicant is working as Lead Manager of Rajmata Consumer Cooperative Society. In surprise check of the Fair Price Shop it was found that a less quantity of kerosene oil was distributed to the consumers and instead of 5 liters of kerosene oil only 4 liters of kerosene oil was supplied whereas in the register it has been shown that 5 liters of kerosene oil has been distributed to each of the consumer. Furthermore, it was found that in the sales register multiple entries were made in the name of same persons so as to maintain the balance between the stock register as well as stock which is available in the shop. Accordingly, it was found that the applicant and the sales man have violated the clause 19, 21 of Annexure II of Madhya Pradesh Public Distribution System (Control) Order, 2009. Accordingly FIR was lodged.

(3.) It is contended by the counsel for the applicant that as the applicant is working on the post of Manager of Rajmata Consumer Cooperative Society and if any misappropriation has been done by the salesman then he cannot be held liable.