Amar Saran, J. - (1.) Heard Shri Shanti Bhushan, learned Senior Advocate assisted by Shri Yashwant Verma, for the applicants, Shri R.K. Saxena, learned counsel for opposite party No. 2 and Shri Neeraj Kant Verma, learned Additional Government Advocate representing the State and perused the application, affidavit, counter and rejoinder affidavits and written arguments submitted by the applicants, opposite party No. 2 and the State of U.P.
(2.) An application under section 156(3) of the Code of Criminal Procedure (hereinafter referred to as the Code ) was filed by the complainant, second respondent before the Court of Judicial Magistrate/Civil Judge (JD) Orai alleging therein that the complainant was the convenor of the village Minaura "E-Choupal" programme run by the ITC Limited. The complainant's duty was to distribute seeds to the concerned villagers at reasonable rates and provide information about the same. The said seeds were made available to the complainant by the local seeds distributor of the company, the co-accused Anoop Kumar Mittal of Mittal traders. Out of the said seeds, which were distributed by the company in July, 2004, one variety of seeds PU-35, which were supplied by the company through the distributor Mittal Traders, were found to be adulterated and of inferior quality. When the farmers complained of the poor quality of the seeds, the complainant immediately communicated this fact to the District Agriculture Officer and higher officials of the company complaining that as the company had wrongfully made him distribute inferior variety of seeds, hence the agriculturists should be compensated immediately. The company took no notice of the complainant's complaint and instead with the aid of Anoop Kumar Mittal, when the complainant was absent, took away the computer, which contained some information, files and other electronic data. The complainant was thrown out of his job without notice and the information, files and data of the complainant in the computer were destroyed. In the meantime, a legal dispute arose between the village agriculturists and ITC before the District Consumer Forum in which case the complainant was also made a party. In the course of the said judicial proceedings, on the directions of the higher officials of the company Shri Milan Anandan (who was the branch manager), the district distributor Shri Anoop Kumar Mittal in collusion with the co-accused District Agriculture Officer got forged and fabricated documents manufactured and utilised the same for shifting the liability from the company to the complainant. In pursuance of this conspiracy, the co-accused, the District Agriculture Officer, sent a batch of seeds for analysis, which were different from the lot issued to the complainant and which the complainant had never distributed and the lot which had been distributed by the complainant was never sent for analysis. When the complainant visited the office of the District Agriculture Officer on 17.5.2006 at about 10.30 AM and complained to him that he had filed a forged report causing enormous loss to the complainant and the village farmers and he should withdraw the said report and furnish the correct information to the concerned court, at that time Anoop Kumar Mittal arrived there, seeing him the District Agriculture Officer got enraged and threatened the complainant that he should take back his case against such a big company and that he could do nothing to harm its interests and that he would not take back the document that he had filed in the court and further that if the complainant insisted in pressing legal charges he would be falsely implicated in a case under section 3/7 of the Essential Commodities Act. When the complainant opposed this, Anoop Kumar Mittal rose from his seat and viciously abused the complainant saying that he had spared him on an earlier occasion and that he would now lose his life and after calling the officials of the department, the complainant was pushed out of the room.
(3.) As the police of police station Kotwali, did not take down the complainant's report, the complainant gave a typed report on 18.5.2006 to the Superintendent of Police, Jalaun at Orai and even sent him information by registered post on 3.6.2006. When no action was taken on the same, then the complainant moved the present application under section 156(3) of the Code.;