1. The petitioner has preferred this petition under section 482 of CrPC invoke the inherent jurisdiction of this Court and to quash the FIR and criminal proceeding in connection with Crime No.5/2012 registered at Police Station, Nateran, District Vidisha for offence punishable under section 3//7 of the Essential Commodities Act, 1955.

2. The facts just necessary for the disposal of the petition are :- on 28.11.2011 at about 5:30 p.m., Junior Civil Supplies Officer Smt. Meena Soni Department of Food Inspected Prathmik Krishi Sakh Sahkari Samiti Maryadit, Nagpur and Kerosene Semi Whole Seller, Nagaur and found that 1700 liters kerosene has been misappropriated by black marketing. She submitted a report to the District Supplies Officer, Vidisha who in turn wrote a letter dated 19.12.2011 to the Police Station, Nateran for lodging the FIR against the Manager of the Society Sharif Khan, Assistant Manager of the Society Jaswant Singh and Salesman Pritam Singh for offence under section 3/7 of the Essential Commodities Act, 1955.

3. The petitioner submitted a representation to the Collector, Vidisha, stating that the petitioner was on leave from 25 and 26 November, 2011. Following day was Sunday and inspection was conducted on 28.11.2011. On 29.11.2011 the petitioner had gone to attend the Court proceeding at Vidisha. On 30.11.2011 the petitioner lodged a report at Police Station Nateran. The registers were seized by the Food Inspector. The petitioner has been falsely implicated by the Food Inspector with ulterior motive. Collector through District Supply Officer issued a letter dated 8.12.2011 in which he has recommended to proceed against Assistant Manager Jaswant Singh and Salesman Pritam Singh but has not referred the name of the petitioner. The Chief Executive Officer, Zila Sahkari Kendriya Bank has not leveled any allegations against the petitioner in his letter dated 16.12.2011, but recommended to proceed against the Assistant Manager Jaswant Singh and Salesman Pritam Singh. Food Inspector Smt. Meena Soni implicated the petitioner’s name subsequently. In the enquiry dated 29.11.2011 by the Bank Officer. It was held that the petitioner is not responsible for any irregularities. Therefore, it is prayed that the petitioner be discharged from the allegations. Copy of the FIR is Annexure P-1 and the letter dated 8.12.2011 and 16.12.2011 are Annexure P-2 and P-3.

4. The petitioner further claimed that on 6.3.2000 in the presence of Collector, Vidisha, Food Officer, Managing Director Zila Sahkari Kendriya Bank, Vidisha, President, Mahamantri and Koshadhyaksha of the Prathmik Krishi Sakh Sahkari Samiti Maryadit, it was decided that in no inspection for criminal proceeding in connection with irregularities at the Fair Price shop run by the Samiti shall be initiated by the Food Inspector shall be conducted only after giving prior information to the concerned Bank and co-operative Department and it shall be conducted by joint inspection by the said authorities. Copy of order dated 6.3.2000 is Annexure P-4. This direction has not been followed in the present case.

5. The petitioner further claimed that the President of Prathmik Krishi Sakh Sahkari Samiti Maryadit, Nagaur has also sent a letter dated 1.2.2012 to the Collector District Vidisha whereby, it is requested to drop the proceeding against the petitioner. In view of the aforesaid order dated 6.3.2000. This letter is dated 1.2.2012 (Annexure P-5).

6. In the light of the above the petitioner prays that proceeding of Criminal Case No.5/2012 registered at Police Station, Nateran be quashed on the ground that the petitioner is innocent. Collector, Vidisha vide order dated 8.12.2011 has not implicated the petitioner and recommended to proceed against the other persons Assistant Manager Jaswant Singh, Salesman Pritam Singh only. In the enquiry held on 29.11.2011 by the Officer of the Bank the petitioner was not held responsible for the irregularities.

7. Learned counsel for the petitioner