Hon'ble SHARMA, J.—This criminal misc. petition has been filed under section 482 Cr.P.C. against the order dated 7.7.2012 passed by Additional Chief Judicial Magistrate Ramganj Mandi District Kota in FIR No. 43/11 Police Station Bapawar Kalan District Kota (Rural) section 457 Cr.P.C 'wherewithal' the application filed by the investigating officer in relation to auction of the seized property was allowed in crass and grotesque contravention of the mandate of legal sanction of section 457 Cr.P.C.

2. Brief and relevant facts are that on 6.5.2011 Nawal Kishore resident of Gehukheri submitted a written report containing signatures of 33 agriculturists to the SHO Bapawar Kalan alleging therein that Purshottam Mittal, Sumit Mittal, Vimal Mittal, Dinesh Mittal and Hukam Chand Mittal @ Naya Baniya' sons of Bhanwar Lal Mahajan, residents of Bapawar Kalan and their Muneem Shyam Bihari purchased their grains and agricultural products on credit and kept the same in the godowns. It was alleged that they were absconded after giving Kacchi Parchi ( receipt) of the grains thereby committing fraud and cheating with these farmers. On the basis of the said report a case FIR No. 43/2011 was registered for offence under sections 420, 406 IPC and investigation commenced. During investigation about 418 farmers informed that their agricultural products worth Rs. 9.0 crores was given in trust to the accused Purshottam Mittal, Sumit Mittal, Vimal Mittal, Dinesh Mittal, Hukam Chand Mittal for keeping them in godowns of Bapawar. The accused persons were doing their business in Krishi Mandi and they after winning the faith of the farmers, took their agricultural products for keeping it in the godowns by giving assurance that whenever the prices of the respective agricultural products would be increasesses, the same would be sold and payments would be made to the respective farmers. The investigating officer seized the slips produced by the farmers, recorded the statements of the farmers, also collected the records from the Krishi Mandi Samiti and Axis Bank and recorded statements of other witnesses and since a prima facie case was found against all the five accused efforts were made to search and arrest them. The agricultural products which the accused persons taken from the famrers on trust were kept in four godowns in Bapawar Kalan. Out of these four godowns, three godowns belong to the accused ,while one godown has been stated to be taken on rent. The agricultural products belong to the farmers kept in these godowns (warehouses) is weighing about 57911 quintals. The farmers stated that these agricultural produces were not belong to firms. The accused persons in the first instance they have transferred in papers the agricultural produce in the names of their firms being run in the name of their family members. On the basis of these transferred papers they prepared cash bills of purchase and sale of the agricultural products in question and on that basis of such forged bills taken a loan of about Rs. 9.00 crores from the Axis Bank. The entire stock of the agricultural products was kept in mortgage with the Axis Bank. Prima facie it is evident that the accused Purshotam Mittal, Sumit Mittal, Vimal Mittal, Dinesh Mittal, Hukam Chand Mittal @ Naya Baniya and accused Mahendra Goyal, Dheeraj Goyal and Neeraj Goyal by criminal conspiracy mortgaged the agricultural products kept in the godowns by the poor farmers on trust thereby grabbing the agricultural products of the poor farmers dishonestly and by cheating and committing breach of trust, committed offences punishable under Sections 420, 406 and 120-B IPC.

3. The accused persons Purshottam Mittal, Hukam Chand, Sumit Mittal, Vimal Mittal and Dinesh Mittal were arrested on 20.10.2011 from Bangalore (karnataka ) and on the basis of the information of the accused, the agricultural products lying in the godowns at Bapawar were seized and taken in possession of the Police under section 27 of the Evident Act. After i

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