SURESH KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Suresh Kumar-petitioners has filed this petition under Section 482 of the Code of Criminal Procedure ( in short - Cr.P.C.) for issuance of direction to the official respondents to get the matter investigated from the Central Bureau of Investigation or from the Crime Branch headed by Additional DGP, Punjab for conducting fair and proper investigation in case FIR No.85 dated 20.06.2014 registered under Sections 406, 420 and 201 of the Indian Penal Coder (in short - the IPC) at Police Station Amargarh.

(2.) The law was set in motion on account of letter No.7179/C dated 12.06.2014 from District Manager Pungrain Sangrur addressed to Senior Superintendent of Police, Sangrur in which it is mentioned that M/s Kartik Agro Industries, Amargarh has misappropriated Government paddy of the season 2013-14. It is mentioned that Suresh Kumar son of Paras Ram resident of Baba Balak Nath Street, Bus Stand Dhuri is the owner of M/s Kartik Agro Industries, Amargarh. During the season 2013-14 had taken one sheller from M/s Dhaliwal Rice Mills Amargarh which was allotted to Pungrain agency. In this sheller Pungrain had stored 62911 bags of paddy weighing 22018.85qtl for custom milling. The said firm was to deliver 67% of the rice which comes to 14752.63qtls. On physical verification by Inspector Pungrain on 23.5.2014 M/s Kartik Agro Industries, Amargarh had delivered only 8075.80qtls rice till 14.4.2014. During checking it was found that in the sheller no stock of rice or paddy was there and the millers have misappropriated 6676.83qtl of rice. It is further mentioned in the letter that said firm Kartik Agro Industries, Amargarh removed the stock and stored in M/s Pepsu Rice Traders Mana Road, Dhuri and the said sheller was not allotted to any agency during 2013-14 because said rice mill was defaulter of PUNSUP for the year 2012-13. It is further mentioned in that complaint that Joginder Singh proprietor of M/s Dhaliwal Rice Mills Amargarh has submitted an application to the Senior Superintendent of Police and the department that Suresh Kumar owner of M/s Kartik Agro Industries, Amargarh due to his illness has given the work of sheller to Amit Singla son of Vijay Singla, who have sent the stock of the sheller at M/s Pepsu Rice Traders Mana Road, Dhuri on which stock the mark of M/s Kartik Agro Industries, Amargarh is there. On the directions of Deputy Commissioner, a committee was constituted to check the firm M/s Pepsu Rice Traders Mana Road, Dhuri and 3335 bags of rice were found there and some of the bags contained tag of M/s Kartik Agro Industries, Amargarh.

(3.) Notice of the application was given to the respondents and in the written statement filed almost the contents of the FIR have been reiterated and it is submitted that rice belonging to Pungrain has been sold in the open market through different traders as mentioned in the reply.