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2020 Supreme(MP) 349

VIRENDER SINGH
Shriram Fertilizer And Another – Appellant
Versus
State Of M. P. – Respondent


Advocates Appeared:
Shri Surendra Singh, Learned Senior Counsel with Shri R. S Raghuwanshi, Learned Counsel, for the Appellant; Shri Saaransh Jain, Learned Counsel, for the Respondent/State

JUDGMENT

1. Through this petition under Section 482 CrPC, the petitioners have invoked extraordinary powers of this Court to quash FIR No. 552/2019 registered at Police Station Manvar, District Dhar (M.P.) for commission of offence punishable under Section 420 of I.P.C., Section 3/7 of the Essential Commodities Act 1995 and Clause 7 of the Fertilizer (Control) Order 1985 for cheating by supplying less quantity per bag than the standard quantity promised to supply of Single Super Phosphate (SSP) fertilizer and thereby causing wrongful loss to the farmers for wrongful gain to self.

2. Succinctly stated facts giving rise to the present petition are that on receiving complaints from the farmers complainant Fertiliser Inspector (FI), Development Block Manawar Hari Singh Dawar alongwith Sr. Agri. Development Officer Sukhlal Alwa conducted surprise inspection on 23.06.2019 of Adim Jati Sewa Sahkari Samiti Maryadit, Manawar and checked weight of the bags of fertiliser manufactured by R.M. Phosphate and Chemicals Ltd. MIDC Industrial Area II, Dhule, Maharashtra and marketed by the petitioner company. On n average 1 kg weight per sack was found to be less than the declared weight of sacks of

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