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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S. AHLUWALIA
Mahendra Kumar Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
1. This application, under Section 482 of Cr.P.C., has been filed for quashment of FIR in Crime No.179 of 2022 registered at Police Station Isagarh, District Ashoknagar (M.P.) for offence under Sections 3 , 7 of Essential Commodities Act, as well as subsequent proceedings pursuant to the FIR.
2. Challenging the FIR, it is submitted by counsel for applicants that applicant No.1 is the manager of Sewa Sahakari Samiti, Pipariya and applicant No. 2 is the salesman of the fair price shop, which is being run and managed by Sewa Sahakari Samiti, Pipariya. On 13/5/2022, an FIR in Crime No.179 of 2022 has been registered against applicants on the written complaint/correspondence of the SDO (Revenue) dated 13/5/2022 submitted by Junior Supply Officer, Isagarh. As per the complaint, it was alleged that the Naib Tahsildar and Junior Supply Officer visited the fair price shop, and the shop was found closed. Thereafter, applicant No.2 was called and physical inspection of the shop was carried out. During physical inspection, the stock register was not produced, the notice board was not displayed and on physical verification 42 kilograms of rice and 536 kilograms of gram were found short.
The court confirmed that an FIR under the Essential Commodities Act does not require a Collector's recommendation, and accused have no right to be heard prior to FIR registration.
The accused has no right to a hearing before the registration of an FIR, and anyone can initiate criminal proceedings unless explicitly barred by law.
The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
Point of Law : Cognizance and trial cannot be set aside unless the illegality in the investigation can be shown to have brought about mis-carriage of justice.
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
The registration of an FIR is mandatory if the information discloses a cognizable offense; the police cannot investigate non-cognizable offenses without a Magistrate's order.
The complainant's right to seek further investigation under Section 173(8) of the Code of Criminal Procedure, 1973, should not be misused by filing repeated applications without fresh material, and t....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
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