HARISH KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.86 dated 22.08.2014 under Sec. 406 of the Indian Penal Code (for short 'IPC'), registered at Police Station Budhlada, District Mansa and the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner submits that the FIR was got registered by Inspector Raj Mittal, PUNGRAIN, Budhlada with the allegations that the petitioner being the proprietor of M/s Friends Rice Mill, Budhlada was allotted the job of rice milling in the year 2013-14. At the time of physical verification, it was found that about 2495 bags (873.25 qtls) of paddy were short in the premises of the rice mill, value of which is about Rs.11.75 lacs. Counsel for the petitioner further submits that subsequently, the petitioner has cleared the outstanding paddy after rice milling to the PUNGRAIN, as the period for this purpose was extended upto Sept. 2014 and subsequent to registration of the FIR, the entire outstanding milled rice towards the petitioner has already been cleared. It is thus submitted that FIR has been registered in a haste without waiting the expiry of period, during which the petitioner was authorized to retain the custom milled rice and hand over the same to PUNGRAIN. It is further submitted that the sole basis of registration of FIR was a physical verification report.

(3.) Reply by way of affidavit of District Manager, PUNGRAIN, Mansa on behalf of respondents No.1 & 2 has already been filed and in para 4 of the preliminary submissions, it is stated that the last date of milling was 30.06.2013 as per the agreement and since the miller was still to deposit 213.46 qtls of rice, the last date for receipt of rice was extended by FCI upto Sept. 2014 and the remaining rice was delivered by the concerned miller. In para 3 of this reply on merits, it is stated as under:-