BHAGAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON 23rd March, 1987 around 2.15 P M. Inspector Sat Pal of State Vigilance Bureau posted at, Karnal recorded First Information Report Exhibit P. 8 bearing No. 5 under Sections 406/467/468/471 and 120-B of the Indian Penal Code against petitioner Bhagat Ram in Police Station S.V.B. Karnal alleging that in order to commit criminal breach of trust in respect of paddy valued at Rs. 24,12,000/- allegedly purchased from various commission agents of Indri accused petitioner had set up a fictitious concern under the name and style of M/s Gupta. Rice Company and given out one Bhagwan Dutt son of Brahm Dutt, Sharma by caste, resident of House No 9 Shanker Bhagwan, Saddar Bazar, Karnal, as its sole owner and obtained fictitious licences from the Market Committee and Food and Supplies Department in connivance with alleged benami owner named Bhagwan Dutt aforesaid, Food and Supplies Inspector named Lachhman Dass and Harbhagwan Gupta, Secretary Market Committee, Indri.

(2.) IN the course of investigation Bhagwan Dutt asserted that the concern of M/s. Gupta Rice Company belonged to him and the licences for it from the Market Committee as also the Food and Supplies Department were duly obtained. Commission Agents at Indri on whose complaint the machinery of Criminal law had been set in motion by the Commissioner and Secretary to Government Haryana in the State Vigilante Department also gave in writing vide Annexures P/3 to P/7 that the payments for the paddy allegedly purchased from them by Gupta Rice Company had been duly made to them. In spite of it the police persisted in pursuing the matter against the accused because Bhagwan Dutt Sharma according to them, could not start business under the other caste name of 'Gupta' Rice Company and one Gainda Mal owner of a shop allegedly on rent with Bhagwan Dutt Sharma had not admitted Bhagwan Dutt Sharma aforesaid to be his tenant. According to the police, therefore, accused petitioner Bhagat Ram had set up a fictitious concern of Gupta Rice Company benami in the alleged ownership of Bhagwan Dutt Sharma with the bad intention of avoiding making payment to various commission agents at Indri for the paddy allegedly purchased from them in the name of fictitious concern aforesaid.

(3.) HARBHAGWAN Gupta, the then secretary or the Market Committee, Indri, as also the Food and Supplies Inspector Lachhman Dass have filed their individual criminal Misc. No. 7796-M of 1988 for the same relief on the grounds that the charges levelled against them in the First Information Report aforesaid and groundless.