SHEO KUMAR SHARMA PROPRIETOR M/S SHIV SHAKTI RICE MILL SON OF DINA NATH SHARMA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the first information report (for short "the FIR") of Shakurabad P.S. Case No. 40 of 2015 dated 07.04.2015 registered under Sections 420 and 406 of the Indian Penal Code.

(2.) The petitioner is the proprietor of M/S Shiv Shakti Rice Mill situated at village Ayira, Police Station Shakurabad in Jehanabad District. The informant is the District Manager, Jehanabad of the Bihar State Food and Civil Supplies Corporation (for short "Corporation") which procures paddy, entrusts it to the persons/firms that have capacity of storage and requisite plant and machinery for milling paddy for its consequent conversion into rice. The Corporation procures paddy, where after it is stored in godowns belonging to the Corporation and thereafter, allocated for milling to the rice millers, like, the petitioner. The rice millers after milling and processing the paddy are required to return the rice in accordance with the terms and conditions of an agreement executed between the parties.

(3.) In the aforesaid case, for the financial year 2012-13, the petitioner was entrusted with 18278.20 quintal paddy by the Corporation for the purpose of milling and was required to deposit 67 % of Custom Milled Rice (for short "CMR") after milling paddy to the Corporation. The CMR was required to be deposited by 31st December 2013. Despite reminders issued to the petitioner, he deposited only 7830.00 quintal of CMR. Uptill the date of institution of the FIR, 4416.39 quintal of CMR valuing Rs. Rs. 95,63,958.00 were still due from the petitioner. It has been alleged in the FIR that the petitioner has dishonestly misappropriated and defalcated CMR valuing Rs. 95,63,958.00 entrusted to him by the Corporation. On the basis of the aforesaid allegation, the Corporation through its District Manager, Jehanabad lodged the aforesaid police case quashing whereof has been prayed.