KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing of FIR No.86 dated 14.7.2011 under Sections 406 and 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act registered at Police Station Gidderbaha, District Sri Muktsar Sahib qua the petitioner as well as order dated 21.12.2012 directing further investigation of the case and order dated 8.3.2013 issuing non -bailable warrants of arrest against the petitioner.

(2.) THE FIR was registered against the firm M/s Ravneet Agro Industries, Gidderbaha (firm for short) through its owner Malkit Kaur on the ground that she had entered into agreement with Punjab State Civil Supplies Corporation (PUNSUP for short) for milling of paddy for the year 2008 -2009. Certain amount of 'A' Class paddy was given to her and she issued receipt on behalf of the firm. The firm was supposed to give 67% of the paddy as prepared rice to the Food Corporation of India in the account of PUNSUP but the firm deposited lesser quantity of rice. A letter was written to Senior Superintendent of Police, Muktsar Sahib regarding registration of a case against the firm on which inquiry was conducted and on 29.9.2010 no rice or paddy was found in the mill.

(3.) AFTER presentation of challan in the court and after her arrest on 14.7.2011, Malkit Kaur filed an application before the Senior Superintendent of Police, Muktsar Sahib making allegations against the present petitioner stating that he was looking after the entire work of the sheller and was dealing with the relevant departments. He used to obtain signatures on blank papers, stamp papers and cheques and it was he who misappropriated the produce/money.