JUDGEMENT
RAJIVE BHALLA, J. -
(1.) By way of this writ petition, the petitioner, namely, the
Punjab State Civil Supplies Corporation Ltd.
prays for the issuance of a writ in the nature of certiorari for quashing the order,
dated 17-1T-2004, passed by the Punjab State Human Rights Commission,
Chandigarh, recommending cancellation of
two FIRs, registered against respondent Nos. 2 & 3.
(2.) A brief narrative of the facts would be appropriate.
(3.) The petitioner-PUNSUP entered into
an agreement, dated 11-10-2001 with respondent Nos. 2 & 3 for milling of paddy for
the crop year 2001-2002. Respondent Nos. 2 & 3 were entrusted with 29100 kattas
(bags) of 'A' Grade paddy, weighing 14,550.00 qtls. for custom milling and for
onward delivery to the Food Corporation of India upto 30-6-2002. Respondent Nos. 2 &
did not deliver the rice. The paddy, stocked
at the premises of respondent Nos. 2 & 3,
was forcibly and illegally lifted on 13-1-2002
by respondent Nos. 2 & 3. The matter was
reported to the police station, Guru Har
Sahai but no action was taken. It was
thereafter brought to the notice of the
Deputy Commissioner, Ferozepur. Eventually, with the intervention of
the Senior Superintendent of Police, Ferozepur, FIR No.
12, dated 16-1-2002, was registered under
Sections 409 of the IPC and Section 7 of the
Essential Commodities Act (later on converted into Sections 406 and 420 of the IPC).
Another FIR No. 3, dated 10-1 -2003 was registered under Sections 457/380 of the IPC.;
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