GURVINDER SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Petitioner-Complainant, by instant revision petition, has assailed order dated 29th January 2014, passed by Addl. District & Sessions Judge No.3, Bikaner (for short, 'learned Court below') upsetting the order taking cognizance against private respondents for offences under Section 39(1) & 45(b) of the Standards of Weights & Measures (Enforcement) Act, 1985 (for short, 'Act of 1985'), rendered by Judicial Magistrate, 1st Class, Bikaner (for short, 'learned trial Court').

(2.) Succinctly stated, the facts of the case are that Reliance Marketing Pvt. Ltd. (for short, hereinafter referred to as 'Company'), in terms of its policy, retained Ex. Army Officers as Operator for handling and up-keeping of its petrol pumps all over India. The Company, in all, employed around 1200 Ex. Army Officers throughout Country with the stipulation that accounting be done by Automatic Tank Gauge (ATG), a non-standardized, non-registered equipment. The petitioner being one of the Operators, experienced that measurement of stock in Underground Tanks mostly gave erratic/wrong reading. Taking cognizance of discrepancies of the stock-in-hand vis-a-vis shown by ATG, petitioner lodged complaint with the Company officials. In response to the same, as per version of the petitioner, third respondent acknowledged variation in the stock. Be that as it may, when no encouraging steps were taken by the Company, petitioner laid a complaint with the Meteorology Department, Government of Rajasthan to ventilate his afflictions. Petition further unfurls that Inspector of Meteorology Department carried out inspection and unearthed that at the outlets unverified measuring equipments, i.e. ATG, are installed. The concerned Inspector then sent a communication to his superior officers on 18.03.2008 insinuating the Company for violation of Sections 19 & 22 of the Act of 1985.

(3.) As per version of the petitioner, communication of Inspector, Meteorology Department facilitated follow-up action and accusedrespondents were served show cause notice on 05.04.2008. The notice was then replied by respondents intimating Assistant Controller, Legal Meteorology Department for granting 15 days' time in this regard. Petitioner also alleged that after receiving communication dated 07.04.2008 from the Company, Meteorology Department did not take any further action, presumably under the influence of Company and other respondents. This sort of situation prompted petitioner-complainant to lay criminal complaint against the respondents before learned trial Court. Complaint of the petitioner attributing offence under Section 39 of the Act of 1985 and offence under Sections 120, 166, 167 IPC (Annex.12) was supported by affidavit and other documents.