H.K.SANDHU,J - (1.) THIS judgment will dispose of Criminal Miscellaneous Petition No. 5222-M of 1992. Kartar Singh v. State of Punjab and Criminal Miscellaneous Petition No. 5225-M of 1992, Surjit Singh v. State of Punjab as in both the petitions same relief is claimed by the petitioners.
(2.) KARTAR Singh, salesman and Surjit Singh, Ex-Field Assistant Markfed Branch Office, Guruharsahai, District Ferozepur filed these two petitions under Section 482 Cr.P.C. for quashing FIR No. 184 dated 21.9.1989 registered against them at Police Station Guruharsahai on 21.9.1989 under Section 408 Indian Penal Code and all the proceeding arising therefrom. Brief facts of the case as given in the FIR annexure P/1 are that the petitioners were holding charge of wheat stock separately alongwith Sh. M.P.S. Bahia, Senior Branch Officer at Markfed Office Guruharsahai. These stocks were purchased on behalf of Government of India and were stored at various storage points at Guruharsahai. During delivery of wheat to Food Corporation of India, the petitioners caused a shortage and loss to Markfed amounting to Rs. 1,27,526.65. These stocks were misappropriated by the petitioner and Senior Branch Officer and thus case was got registered against them by Barinder Singh, District Manager, Markfed Ferozepur.
(3.) THE petitioners alleged that they were employees of the Federation and were governed by Punjab Cooperative Societies Act, 1961. If anything was found against them during audit, then surcharge proceedings were to be initiated under Section 54 of the Act, Markfed got appointed Deputy Registrar, Cooperative Societies as an Enquiry Officer against them to initiate the surcharge proceedings and those proceedings were still at initial stage. Challan was put in the court on the basis of FIR without waiting for the result of the surcharge proceedings. Lodging of FIR and then referring the matter to the Arbitrator was nothing but clear abuse of process of law. The dispute was of civil nature and as the matter was already referred to the Arbitrator, criminal proceedings were liable to be quashed.;