MAHEEP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant has filed this petition under Section 482 of Cr.P.C. for quashment of the FIR dated 3.8.2006 registered in crime No. 164/6 at police station Prithavipur district Tikamgarh against the applicant for the offence punishable under Section 3/7 of the Essential Commodities Act, (hereinafter referred to as 'the Act', in brevity).

(2.) BRIEF facts of the case are that the applicant is licen see and whole sale dealer of Kerosene oil in Prithavipur and the Food Inspector on inspection found excess quanity of kerosene (800 liters), for which no entry has been found in the stock register. The report has been submitted by the Food Inspector before the Collector, Tikamgarh and on inquiry by order dated 2.9.06 the Collector, Tikamgarh ordered for cancellation of licence of the applicant and also directed for registration of the case under Section 3/7 of the Act against the applicant, on which basis, the concerning police Prithavipur has registered a case against the applicant as stated herein above. Meanwhile, the applicant also preferred an appeal before the Commissioner, Sagar which his been registered as appeal No. 704-B/121/2005-06, that appeal has been decided by the competent authority by order dated 3.4.2007 and by this order, the competent authority, the Commissioner, Sagar Division has set- aside the order dated 2.9.06 passed by the Collector for prosecution of the applicant under Section 3/7 of the Act and for cancellation of the licence granted to him for whole sale dealership of the kerosene. Hence, this petition has been filed on behalf of the applicant that as the original order dated 2.9.06 on which basis the FIR has been registered by the police has been set- aside by the comptent authority, hence, prayed for quashment of the FIR registered against the applicant for the offence under Section 3/7 of the Act.

(3.) ON perusal of the record it is apparent that this FIR has been registered against the applicant in compliance of the order dated 2.9.06 passed by the Collector, Tikamgarh and that order has been set-aside by the competent Court in appeal No. 704-B/121/2005-06 and if the position as aforesaid then certainly the impugned order passed on 2.9.06 is not in existence and in compliance of that order, if any FIR has been registered then it ought to be quashed. The appellate Court has directed the Collector, Tikamgarh for making necessary inquiry in the matter after giving opportunity of hearing to the applicant. In such circumstances, the Collector is again having jurisdiction to consider the facts and order according to law.