RANJIT SINGH, J.

Interference in the exercise of police to act independently to register crime and investigation thereof is one of the issues raised in the present petition. As per the petitioners, the present FIR has been registered against them though it does not reveal any criminal offence and is a simple business transaction, but still has been given the colour of criminality and the process of criminal law set in motion on the intervention of the local MLA. Is it fair for an elected representative to interfere in the independent functioning of the police which is to perform statutory duty regulated by various provisions made in the Code of Criminal Procedure? The petitioners would seriously complain that the local MLA has intervened to direct registration of the present FIR and, thus, the process is nothing but an abuse of the Court.

The petitioners would refer to the factual position when this application for registration of a case reached the SHO with recommendation endorsed thereon by the MLA and so registration of the present FIR resulted.

The complainant instead of approaching the police for registration of a case first approached the local MLA, namely, Prem Mittal, MLA, Mansa, who made the following endorsement on the application:-

“Kaveri Seed Company Limited, Secunderabad Virudh Thagi Maran Sambandhi FIR Darj Karan Di Sifarish Kiti Jandi Hai” (recommendation is made for registering FIR against Kaveri Seed Company Limited, Secunderabad for fraud)”.

This endorsement was made on 2.4.2012. Promptly thereafter Superintendent of Police endorsed the same to the SHO for enquiry and report on 5.4.2012. The FIR No.75 dated 19.4.2012 followed against the petitioners under Sections 420 and 120-B IPC at Police Station, City Mansa.

Can this be termed as an independent action of the police to register a crime or it is because of the influence of MLA that a civil dispute is converted to criminal action and process of court set in motion? Petitioners would loudly call it to be a foul and would term it an interference in the exercise of independence of police by the political masters. The perusal of the allegations made in the FIR would tend to lend support to the allegations and the complaint of the petitioners that at the most a civil liability of a business transaction has been moulded to criminality just because of political influence. The command of political masters was too much to bear by even the Head of Police of the District. The SHO was prompt in obeying the command by setting the criminal law in motion. The petitioners accordingly have approached this court for quashing of this FIR on the ground that the reading of the complaint does not reveal any criminal offence and this abuse of process of court set in motion by the respondents under the influence of political masters ought to be set right by judicial intervention.

Let us have a look at the allegations made in the complaint.

Petitioner G.V.Bhaskar Rao, Managing Director of Kaveri Seed Company Limited, R.Venu Manohar Rao of the Company alongwith Harbhajan Singh of Mansa are accused of committing fraud with the complainant of sum of Rs.7,24,000/- . As stated in the application, complainant is running a seeds shop at Mansa, named, Vishal Trading Company. Harbhajans Singh is a Sales Officer of Kaveri Seeds Company at Mansa. In November, 2009 Harbhajan Singh statedly came to the complainant with intention to commit fraud and allured the complainant to purchase cotton seeds for making other investment. The complainant agreed to pay Rs.5.00 lacs as advance to Harbhajan Singh for purchase of 2500 packets of seeds. A bank draft dated 19.11.2009 was handed over to Harbhajan Singh, who assured that the said packets of seeds would be supplied before Sauni, 2010. The supply, however, did not materialize and rather Harbhajan Singh petitioner started demanding more money. In order to recover the amount already paid, petitioners allegedly paid another sum of Rs.2,24,000/- through b