GAURAV KHANDELWAL Vs. STATE OF M. P.

JUDGEMENT

(1.) This order disposes of petition filed under Section 482 of the Code.

(2.) As per the petitioners, Respondent No.1 in utter violation of provisions of the Legal Metrology Act, 2009 has registered a criminal case under Section 420 of IPC against the petitioners and filed charge-sheet before the Judicial Magistrate, First Class, Badnawar, District Dhar. Section 51 of the Legal Metrology Act, 2009 provides that the provisions of IPC and Cr.P.C., in so far as they relate to the offences with regard to weight and measures shall not be applicable and inspite of such explicit provision, a criminal case has illegally been registered against the petitioners. Therefore, petition under Section 482 of the Code has been filed seeking quashment of FIR and all further consequential proceedings.

(3.) As per the fact of the case, petitioner No.1 is a Contractor and is into the business of Weigh Bridges. The petitioner No.2 is the Operator of Weigh Bridge installed in the campus of Krishi Upaj Mandi Samiti, Badnawar. The petitioner No.1 was allotted a contract on the built operate transfer basis by the Krishi Upaj Mandi Samiti vide sanction dated 03.01.2012. In the light of such sanction, Weigh Bridge/Weighing Station is being run in the name of "Shri Shivom Tirth Tol Kanta"?. On 26.09.2018, a farmer namely Pop Singh made a complaint to the Secretary of Mandi Board, Badnawar in respect of alleged discrepancy pointed out by him in petitioners' station. As per the complaint, the grains of the complainant were weighed by the petitioner as 7250 kgs; whereas the complainant on cross-checking the weight of his grains at other Tol Kanta, found it to be weighing 7305 kgs. Thus, there was discrepancy of 55 kgs in the weighing scales of petitioners, consequence of which would have been that the complainant would have got lesser price for his grains which were weighed discrepantly by the petitioners. The Respondent No.2 i.e. the Secretary of Krishi Upaj Mandi Samiti lodged a written complaint with the Police Station Badnawar alleging cheating and a case under Section 420 of IPC was registered against the petitioners. On the date of registration of FIR, the Respondent No.2 made a request to the Legal Metrology Inspector, District Dhar to inspect the weighing station of the petitioners. The inspection was carried out on 28.09.2018 and the seal and verification were found to be correct. The Respondent No.1 without making any further investigation in respect of difference of the quantity/weight filed the charge-sheet based upon the statements of the farmers.