G.S.N. Tripathi, J. - (1.) In this petition the following prayers have been made: (a) to quash the FIR dated 26.4 993 filed in Daurala Police Station by the Sub-Divisional Magistrate, Sardhana, Meerut (Annexure-12). (b) to restrain the respondents from proceeding with the investigation or from submitting charge-sheets or arresting the General Manager (Petitioner No. 2) or any officer or employee of the petitioner No. 1 Company in pursuance of the FIR dated 26.4.1993. (c) to restrain the respondents from taking any other action/proceedings against the company or its employees on the basis of the above FIR and (d) to grant any other relief as this Court may deem fit and proper in the facts and circumstances of the case.
(2.) The petitioner No. 1 is a company registered under the Indian Companies Act and has several units all over the counts. One of such units is Daurala Sugar Works, situate in Daurala, District Meerut, which is engaged in the business of manufacture of sugar. The petitioner No. 2 is the General Manager of the said Daurala Sugar Works. Since 1952, it has been producing sugar. After 1967, the stocks with the sugar manufacturers are divided into two categories, namely, free sale sugar and levy sugar. Levy sugar is sold to the Government or its nominees at fixed price as prescribed by the Govt. of India. Whereas, free sale sugar is left to the Sugar Industries to be sold in open markets to licensed dealers at any price. For that, from time to time release orders are issued by the Government.
(3.) In the year 1989, there was a tremendous fluctuation in the price of free sale sugar in the market. To tide over the problem, the Central Government formulated a voluntary scheme known as the Voluntary Price Control Scheme by which the sugar factories were requested to sell free sugar at a fixed price of Rs. 775/- per quintal to the nominee - dealers of the State Government. A copy of the letter dated 18th September, 1959 from the Central Government to all Sugar factories along with the annexed procedure which together form the scheme is annexed hereto as Annexure 4. The ratio of free sale to levy sugar in the year 1988-89 was 55:45.;