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2025 Supreme(HP) 420
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SUSHIL KUKREJA, J.
Dharam Chand - Petitioner
Versus
State of H.P. - Respondent
Cr. Revision No. 735 of 2024
Decided On : 16-05-2025
For the Petitioner: Mr. G.R. Palsra.
For the Respondent:Mr. I.N. Mehta, Senior Advocate General with Mr. Ankush Thakur and Mr. Anish Banshtu, Deputy Advocates General.
A Magistrate retains the authority to order further investigation even after cognizance is taken, ensuring a fair and just investigation.
Headnote:
(A) Bharatiya Nagrik Suraksha Sanhita, 2023 - Section 442 - Indian Penal Code - Sections 409, 420, 467, 468, 471, 120-B - Prevention of Corruption Act, 1988 - Section 13(2) - Petition challenging dismissal of discharge application in corruption case - Court held that further investigation is warranted due to improper initial inquiry and lack of evidence against the petitioner. (Paras 1, 5, 12, 14)
(B) Criminal Procedure Code - Section 227 and 173(8) - Powers of Magistrate to order further investigation - Court affirmed that a Magistrate retains the authority to direct further investigation even after cognizance is taken, ensuring a fair and just investigation. (Paras 10, 12)
Facts of the case:
The petitioner was accused of embezzling funds from the H.P. Milk Federation, with allegations stemming from a complaint regarding the misappropriation of milk sales. The FIR was registered after an inquiry revealed discrepancies in milk deposits.
Findings of Court:
The court found that the investigation was inadequate and directed further inquiry into the sale of milk and the deposition of proceeds.
Issues: The main issues included whether the petitioner could be discharged based on the lack of evidence and the propriety of the Magistrate's power to order further investigation.
Ratio Decidendi: The court ruled that the Magistrate has the authority to order further investigation to ensure justice, emphasizing the importance of a thorough inquiry in criminal cases.
Result: Revision petition dismissed.
JUDGMENT :
Sushil Kukreja, J.
The instant petition has been filed by the petitioner-Dharam Chand under Section 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short ‘BNSS’) against order dated 28.09.2024, passed by learned Special Judge-II, Mandi, District Mandi, H.P., in CIS Registration No.33 of 2013, whereby the application filed by the petitioner-accused under Section 227 of Cr.P.C. for discharging him in case FIR No.10 of 2022 under Sections 409, 420, 467, 468, 471, 120-B of the Indian Penal Code (‘IPC’) and Section 13(2) of Prevention of Corruption Act, 1988 (‘PC Act’), was dismissed.
2. The brief facts, giving rise to the present petition, are that on the basis of a complaint made by one Lal Chand, Clerk in the office of HP Milk Federation Mandi Unit at Chakkar, FIR No.10/2002, dated 01.07.2002, under Sections 409, 420, 467, 468, 471, 120-B of IPC & Section 13(2) of PC Act was registered against the petitioner and other persons, wherein it was alleged that some part of the milk which was being brought to H.P. Milk Federation Mandi Unit at Chakkar, by its officers and officials from Kataula milk Chilling Centre, was being sold on the way and the amount received from such sale was misappropriated and embezzled. Thereafter, an initial inquiry was carried out by ASI Kapoor Chand, Enforcement North Zone, Dharamshala, in which, it was found that Dharam Chand, Incharge MCC Kataula (petitioner herein), used to collect the milk from Co-operative Societies, Kataula, Riyagri and the Government Live Stock Farm (GLF), Kamand, from where, it was taken to Milk Federation Unit plant Chakkar at Mandi, with a challan having a duplicate copy and the Superintendent, Milk Federation Unit, Chakkar Mandi after recording the quality and quantity of milk, used to hand over the copy of challan to In-charge MCC Kataula and send the details of milk received daily to Incharge Manager P & I for information. At the end of month, the Milk Co-operative Societies Riyagri, Kataula and GLF Kamand used to send their bills to Senior Manager Chakkar, through post, who used to send the said bills to In-charge P & I for further necessary action and the incharge then used to send those bills to Incharge, MCC Katuala (petitioner) for verification of the quantity and quality of the milk. The petitioner used to verify those bills in the same form and after his verification, such bills again used to reach at in-charge Manager P&I Chakkar Mandi for further action, who used to verify those bills in the same form as were verified by in-charge MCC Kataulan and after verification, those bills were sent for payment to the account branch and those orders also used to be counter-signed. Thereafter, the payments were made by way of cheque to milk societies Riyagri, Kataula and GLF Kamand. In the inquiry, it was found that for the year June, 1994 to 31.03.1995, 4683 liters of the milk , amounting to the tune of Rs.37,464/-, for the year April 1995 to 31.03.1996, 12,633 liters of the milk amounting to Rs.1,10518/-, for the year April, 1996 to 31.03.1997, 9293 liters of milk amounting to Rs.97, 765.50/-, for the year April, 1997 to 31.03.1998,7881 liters of milk amounting to Rs.84,720/-, for the year April, 1998 to 31.03.1999, 8129 liters of milk worth Rs. 93,483.50/-, for the year April, 1999 to 31.03.2000, 9666 liters of milk amounting to Rs.1,20,825/- and for the year April, 2000 to 31.03.2021, 491 liters of milk worth Rs.6,383/- (in total, the milk of total worth Rs.5,56,656/-) was received less in the Milk Federation Unit at Chakkar, hence, the officers and employees of Milk Federation Chakar Unit Mandi had misappropriated and embezzled the aforesaid government money. On the basis of aforesaid inquiry, the FIR in question was registered.
3. Learned Senior Additional Advocate General submitted that during the course of investigation, it was found that during the period April, 1996 to March, 1997, the milk to the tune of Rs.80,670.50 was found deposited less in Milk Fed
