LAWS(P&H)-2012-3-522

VARUN KUMAR Vs. STATE OF PUNJAB & ANR

Decided On March 05, 2012
VARUN KUMAR Appellant
V/S
State Of Punjab And Anr Respondents

JUDGEMENT

(1.) Petitioner Varun Kumar, proprietor of M/s Anand Enterprises, has directed the instant petition, vide CRM No. M-43999 of 2007 (for brevity "1st case"), for quashing the FIR, bearing No. 42 dated 1.4.2004 (Annexure P4), final police report under Section 173 Cr.PC (Annexure P5) & charge sheet (Annexure P7), whereas, petitioner Malook Singh son of Ajit Singh, Rice Sheller, has filed CRM No. M-51199 of 2007 (for short "2nd case"), to challenge the FIR, bearing No. 343 dated 5.9.2001 (Annexure P1), final police report under Section 173 Cr.PC (Annexure P2) & charge sheet (Annexure P4). Since the identical questions of law and facts are involved, so, I propose to dispose of both the indicated petitions, by virtue of this common judgment, in order to avoid the repetition. However, the facts, extracted from CRM No. M-43999 of 2007 titled as "Varun Kumar v. State of Punjab & Anr." (1st case), have been mentioned in the subsequent part of this judgment, for ready reference in this context.

(2.) The epitome of the facts and material, culminating in the commencement, relevant for disposal of the instant petitions and oozing out from the record, is that the Punjab Food & Civil Supplies Department has entrusted 38345 bags, weighing 19172.50 quintals of A grade paddy to M/s Anand Enterprises, Jalalabad Road, Muktsar. Similarly, total 114091 bags, weighing 73824.60 quintals of A grade paddy were supplied to Malook Singh for custom and milling. The firms acknowledged its receipt. An agreement (Annexure P1) was also executed with the petitioner-firms in this regard. After milling of the paddy, the rice was required to be delivered by them to the FCI on behalf of Punjab Government till 28.2.2002. The period of its delivery was subsequently extended upto 29.12.2002 by the Government. The petitioner-firm only delivered 5118.56 quintals of rice to the FCI on behalf of the Food & Supplies Department and misappropriated the remaining paddy/rice in this relevant connection.

(3.) In this manner, the prosecution claimed that the petitioners-accused have misappropriated the paddy entrusted to them. They did not return the A grade paddy and supplied a very less quantity (weight) of rice of inferior quality. Thus, they have committed the criminal breach of trust, cheated and caused a huge monetary loss to the Food & Civil Supplies Department and converted it for their own illegal gains. On the basis of aforesaid allegations, the criminal cases were registered against the petitioners-accused and similarly situated firms on accusation of having committed the offences punishable under Sections 406 & 408 IPC etc. by the police of Police Station City Muktsar. After the completion of investigation, the police submitted the final police reports/challans (Annexure P5) (in 1st case) and Annexure P2 (in 2nd case).