Decided on January 19,2017

Jagdish Kushwah Appellant
STATE OF M.P. Respondents


Mr. G.S. Ahluwalia, J. - (1.)This petition under Sec. 482 of Crimial P.C. has been filed challenging the order dated 16.12.2010 by which the cognizance has been taken against the applicant for offence punishable under Sec. 3/7 of Essential Commodities Act, 1955.
(2.)It is contended by the counsel for the applicant that the FIR in Crime No.203/2010 has been registered against the applicant and co-accused Sirnam Singh Kushwah on the basis of the enquiry report submitted by the Assistant Supply Officer. As per the enquiry report, several irregularities were found in the Fair Price Shop Nidanpur, Tahsil Cahnderi, District Ashok Nagar in an inspection conducted on 16.3.2010. It was further alleged that on 18.3.2010 when again an inspection was sought to be done of Fair Price Shop Nidanpur, Tahsil Cahnderi, District Ashok Nagar the same was found closed which shows that the salesman had deliberately closed the shop. With the help of one Om Prakash Jain who is Branch Manager of District Cooperative Bank, Branch Chanderi the lock of the shop was broken and 4.7 quintals of wheat, 7 quintals of sugar, 205 liters of kerosene oil and some more commodities were found but neither the stock register nor the sale register was found in the shop. It was alleged that although the food stuff meant for distribution under the Madhya Pradesh Public Distribution System (Control) Order, 2009 were supplied to the shop but the same were not distributed to the consumers.
(3.)The record of the Trial Court was summoned by this Court. From the order sheets of the Trial Court it appears that the charge sheet was filed against the applicant on 16.12.2010 and the charges were also framed.

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