PARVINDER SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.513 dated 25.11.2010 under Sections 406 and 420 of Indian Penal Code (for short 'IPC') and Sections 7-10-55 of Essential Commodities Act (for short 'E.C.Act'), registered at Police Station Samalkha alongwith all other consequential proceedings arising therefrom.

(2.) Brief facts of the case are that the impugned FIR (Annexure P1) was got registered at the instance of one D.K.Singla, District Manager, Confed, Panipat with the allegations that the petitioner was appointed as a Transport Contractor (IPDS). On 24.10.2010, Anil Kumar Bishnoi, Storekeeper/In-charge APL Wheat Samalkha intimated that on 23.10.2010, 1689.23 quintals of wheat was sent to the depot holder under Freight on Road (F.O.R.) delivery through the petitioner, who was a Transport Contractor, but he did not deliver 569.15 quintals of wheat to the depot holder and rather unloaded the same at his godown, situated at New Mandi, Samalkha. As per the instructions of the Government, the wheat was to be transported from Bapoli Warehouse directly to the depot holders, but the petitioner in order to misappropriate the same, unloaded the same in his godown and, therefore, it was requested to register the FIR.

(3.) On registration of the FIR, investigation was carried on and later on, the report under Section 173 Cr.P.C. was submitted before the trial Court. The trial Court has framed the charges under Sections 406 and 420 of IPC and Section 07-10-55 of the E.C. Act and the case was fixed for prosecution evidence.