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2022 DIGILAW 1476 (MP)

Sonu Gatwar v. State of Madhya Pradesh

2022-12-09

SUNITA YADAV

body2022
JUDGMENT Sunita Yadav, J. - Present petition under Section 482 of CrPC has been filed for issuance of directions to the respondents to conduct fair and impartial investigation in Crime No.198 of 2022 registered at Police Station Tharet, District Datia for offence punishable under Sections 3/7 of Essential Commodities Act. 2. The facts in nutshell are that complainant Smt. Deepali Bhadoriya, Junior Supply Officer filed a written complaint at Police Station Tharet, District Datia on 28/09/2022 alleging therein that present petitioner/accused has misappropriated the ration which was to be sold at fair price shop and violated the Madhya Pradesh Public Distribution System (Control) Order, 2015. On the basis of said complaint, FIR at Crime No.198 of 2022 for offence punishable under Sections 3/7 of Essential Commodities Act has been registered against the present petitioner. 3. Learned counsel for the petitioner argued that present petitioner has wrongly been arrayed as an accused. It is further argued that there are sufficient evidence to show that he was not present at the place of occurrence at the time of incident, despite the police has registered false case against him. An application (Annexure A/2) was also given to the Superintendent of Police, Datia, however, the same remained futile exercise. As the investigating agency is not conducting the investigation in fair and impartial manner, therefore, respondents - authorities be directed to conduct the fair and impartial investigation in Crime No.198 of 2022 registered at Police Station Tharet, District Datia (M.P.). 4. On the other hand, learned counsel for the State argued that while exercising jurisdiction under Section 482 of CrPC, this Court cannot monitor the investigation or direct how the investigation should be conducted. 5. Heard learned counsel for the rival parties and perused the available record. 6. Considering the arguments advanced by learned counsel for the petitioner, this petition is disposed of with the expectation that police shall ensure free and fair investigation and will take all facts and circumstances o f the case into consideration while filing charge-sheet. Petitioner may approach the concerned authority / trial Court in case need arises. No further order can be issued in the facts and circumstances of the case.