1. Under challenge in this Criminal Miscellaneous Case preferred u/s 482 of the Code of Criminal Procedure is the legality and sustainability of the prosecution initiated against the petitioner under S. 420 of the IPC in crime No.964 of 2012 registered on 27.9.2012 by the Sub Inspector of Police, Kondotty police station, Malappuram District.

2. The essential facts are as follows :-

The petitioner is the authorized dealer of Hindustan Petroleum Corporation Limited and he operates a retail outlet by name "CEE PEE FUELS" at Kondotty. On 27.9.2012, the Deputy Superintendent of Police, CBCID, (EOW-III), Kozhikode, carried out an inspection of the retail outlet at the behest of the Superintendent of Police CBCID (EOW -III). The officers of the Legal Metrology Department, were present when the inspection was conducted. Inspection revealed that there was short delivery of fuel from the dispensing units. In other words fuel dispensed from the units were of lesser quantity than what was to be actually delivered. Annexure A report was prepared on 27.9.2012 in which it is seen stated that the customers were being cheated by the petitioner by dispensing lesser quantity of fuel. The said repo