- (1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners have sought quashing of FIR No.50 dated 28.3.2008 (Annexure P-1) registered at Police Station City Sunam District Sangrur under Section 420 of the Indian Penal Code, 1860 ('IPC' for short) and Section 7 of the Essential Commodities Act, 1955 (the Act for short) as well as the summoning order dated 24.9.2011 (Annexure P-9).
(2.) Prosecution story, in brief, is that on 28.3.2008 at about 12.45 a.m., secret informer informed ASI Gulzar Singh that Jagdish Parshad Bansal and his sons Raj Kumar @ Bobby Bansal and Rajinder Bansal and Jagdish Ram son of Ganga Ram, in connivance with each other, were selling kerosene oil in black. It was further informed that kerosene oil was being carried in tankers No. PB-13-B-9710 and PB-13-C 4612. On the basis of the said information, FIR in question was registered. Thereafter, tanker No. PB-13-B-9710 was intercepted. The driver of the tanker disclosed his name as Jagdish Ram and conductor disclosed his name as Ravinder Kumar. On checking, it was found that chambers No.2 to 4 of the tanker were filled with kerosene oil, whereas, chamber No.1 was empty. The total kerosene oil in all the three chambers was 9000 liters. Samples of kerosene oil were drawn from each chamber.
(3.) During investigation, petitioners were declared innocent and challan was presented against Jagdish Ram and Ravinder Kumar on 27.5.2008. Supplementary challan was also presented by the prosecution declaring the petitioners innocent. However, thereafter, an application was filed by the prosecution under Section 190 (1) ( C) Cr.P.C. for summoning the petitioners. Admittedly, charge has not been framed in the case till date. Petitioners are the owners of the depot in question. Section 190 Cr.P.C. reads as under:- Cognizance of offences by Magistrates .- (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence - (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.";