Sr. No. 257

HIGH COURT OF JAMMU AND KASHMIR AND LADAKH

AT JAMMU

CRMC No.794/2018

Sant Ram

...Petitioner

Through :- Mr. Asheesh Singh Kotwal, Advocate.

v/s

<

State through SHO Police Station

R.S Pura and Another

.....Respondents

't

Through :- Mr. Aseem Sawhney, AAG for respondent

No.1.

Mr. Ashok Sharma, Advocate for respondent

No.2.

Coram:

HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

ORDER

1.

Instant petition has been filed by the petitioner for quashing order

dated 08.01.2016 passed by learned Chief Judicial Magistrate, Jammu in a

complaint titled <Ram Lal Vs. Sant Ram=, bearing FIR No.06/2016 dated

11.01.2016 and Challan No. 12 of 2017 dated 08.02.2017 for the commission of

offence under Sections 409 and 420 RPC.

2.

The brief facts necessary for the disposal of present petition are that:

The respondent No.2 herein had filed an application before the

learned Chief Judicial Magistrate, Jammu under Section 156(3) Cr.P.C for

investigation wherein he has stated that the petitioner is an authorized dealer of

supply of ration for village Rangpur Sadhrey, R.S Pura, Jammu and the

respondent No.2 has narrated the following irregularities committed by the

accused:

2 CRMC No.794/2018

a.

That the said accused has issued fake ration cards on the name of

people which do not exist on spot.

b.

That the said accused person has issued more than one ration card

on the name of one and same person as is evident from the

disbursement register of the month July 2015 e.g.

i. Entry no. 32, 33 & 336 are shown on the name

of one person namely Koushalya Devi W/o

Om Parkash R/o Village Rangpur Sadhrey R.S

Pura Jammu.

ii. Entry no. 257 & 493 are shown on the name of

one person namely Sushil Kumar S/o Late

Isher Dass R/o Village Rangpur Sadhrey R.S.

Pura Jammu being ration card no. 21.

iii. Entry no. 160 & 181 are shown on the name of

one person namely Bachan Lal S/o Om

Parkash R/o Rangpur Sadhrey R.S. Pura being

ration card no. 454.

c.

That the said accused has issued the ration to the consumers not

as per the scale prescribed for them by the government with

regard to the number of family members of each consumer. Thus

disbursing less ration then the scale provided for a particular

family.

d.

That the accused has not issued ration (sugar) to the consumers

altogether for many months but the register of monthly

disbursement shows that he has disbursed the whole of ration

collected by him from the Govt. Deport to the consumers whereas

the ration cards of the said consumers reveals that they never

received the ration (sugar) for many months.

3 CRMC No.794/2018

This

clearly

shows

that

the

said

accused

has

misappropriated the ration not disbursed to the consumers and is

involved in black marketing of the same.

e.

That many ration card holders who have migrated to other places

or who never got any ration from the said dealer were also shown

to be disbursed to them.

f.

That the accused person did not disburse the free relief ration to

be disbursed at the scale of 35 kg (20 kg atta and 15 kg rice) per

month for 5 months i.e. from April to August 2015 to:

i.

Ram Lal applicant herein.

ii. Bachan Lal S/o Ami Chand R/o Nai Basti

Rangpur Sadhrey R.S Pura Jammu.

The accused has not provided 50kg of ration to Ram

Lal and 72 kg of ration to Bachan Lal till date, whereas the

register for receiver and disbursement shows that he has

disbursed the relief