Ratnadeep Ramchandra Gaikwad And ... vs The State Of Mah And Anr
2017 Latest Caselaw 5185 Bom

                                         1       Cr WP 424 of 2007

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                  Criminal Writ Petition No.424 of 2007

     1)      Dr. Ratnadeep Ramchandra Gaikwad,
             Age 35 years, Occupation : Service
             Tahsildar, Osmanabad,
             R/o C/o Tahasil Office, Osmanabad,
             District Osmanabad.

     2)      Bharat Angad Waghmare,
             Age 39 years, Occupation: Service
             Food Grain Distribution Officer,
             Solapur, R/o C/o The Collector Office,
             Solapur, District Solapur.       .. Petitioners.

                      Versus

     1)      The State of Maharashtra.

     2)      Keraba Vitthal Gadhwe,
             Age 72 years, Occupation : Service,
             R/o. At Post Mauje Waruda,
             Taluka & Dist. Osmanabad.       .. Respondents.

                                  ----
     Shri. Mukul Kulkarni, Advocate, for petitioners.
     Shri. S.J. Salgare, Additional Public Prosecutor, for
     respondent No.1.
     Shri. R.P. Bhumkar, Advocate, for respondent No.2.
                                  ----

                                  Coram:     T.V. NALAWADE &
                                             SUNIL K. KOTWAL, JJ.
                                  Date   :   28 July 2017

     JUDGMENT (Per T.V. Nalawade, J.) :

1) The petition is filed for challenging the order

made by learned Chief Judicial Magistrate, Osmanabad in

2 Cr WP 424 of 2007

R.C.C. No.215/2007 by which the learned Chief Judicial

Magistrate has directed Rural Police Station Osmanabad

to make investigation of the matter under section 156(3)

of the Code of Criminal Procedure. Both the sides are

heard. Learned Additional Public Prosecutor supported

the order.

2) Private complaint was filed by respondent No.2

Kerba against present petitioners. The complainant is a

ration card holder of village Waruda. Accused No.1 had a

kerosene licence for this village for selling kerosene

under Public Distribution Scheme. Accused Nos.2 and 3

are the officers of the Government involved in the

distribution system and also in issuing licence.

3) The complainant had made complaint to the

officers on 19-6-2006 that accused No.1 was not selling

kerosene in the village and there were irregularities.

Accounts were not maintained by accused No.1 of

kerosene and so licence was suspended with immediate

effect. It is the contention of the complainant that the

villagers had given statements that accused No.1 was not

3 Cr WP 424 of 2007

supplying kerosene to them and whatever sale was made

it was at higher price than the price fixed. For some time

the distribution work was given to other licence holder

but after making inquiry the suspension order was

revoked and the quota was again given to accused No.1. It

is the contention of the complainant that by selling

kerosene at the rate of Rs. 11/- per liter which was higher

than the rate fixed by the Government, for public

distribution system, accused No.1 was deceiving the

people and other accused, officers of the Government, had

joined hands with him. Thus, there is allegation that

proper account was not maintained and false record of

sale was made and the sale was made at the rate of

Rs.11/- per litre. Though the complaint was filed for

offences under sections 406, 420 etc. of the Indian Penal

Code, in view of the provisions of the Essential

Commodities Act, it can be said that provisions of the

Essential Commodities Act can also be used. There is

allegation of creation of false record and supply of false

information and that offence under section 9 is

cognizable. Other offences mentioned in the complaint are

also cognizable in nature. Provisions of the Essential

4 Cr WP 424 of 2007

Commodity Act show that when complaint is made by a

person aggrieved like petitioner, cognizance can be taken

by the Magistrate of the offence. In view of these

circumstances, there is nothing wrong in the order by

which the complaint was entertained.

5) Learned counsel for the petitioners placed

reliance on the observations mad by the Apex Court in the

case reported as (2016) 9 SCC 598 (L. Narayana Swami v.

State of Karnataka) and submitted that in absence of the

sanction no investigation could have been ordered by the

Magistrate. This Court has carefully gone through the

observations made by the Apex Court. The observations

were made with regard to requirement of sanction under

section 19 of the Prevention of Corruption Act, 1988.

Provision of section 197 of the Code of Criminal Procedure

has different scope. There is allegation of creation of false

record by joining hands and of selling essential

commodities at higher price against all the accused. The

circumstance that initially the licence was suspended is

there. Some argument was advanced for taking benefit of

the provision of the Judges Protection Act but this

5 Cr WP 424 of 2007

provision cannot be used by petitioners, officers in the

matter like the present one in view of the nature of

dispute involved.

6) The instances of selling essential commodities

in black market are increasing and there are also

instances of releasing of more quota than which can be

permitted in favour of licence holder. These things need

to be investigated. It can be said that if police find that

there is no substance in the allegation made against the

accused they may file report accordingly under section

169 of the Code of Criminal Procedure but there is clear

possibility that kerosene was being sold at higher price

and accounts of kerosene were not maintained. The

investigation cannot be prevented when there are such

serious allegations. This Court sees no reason to interfere

in the order. The petition stands dismissed. Rule

discharged. Interim relief is vacated. Learned counsel for

the petitioners requested for continuation of interim

protection. It is refused.

                     Sd/-                                Sd/-
     (SUNIL K. KOTWAL, J.)                       (T.V. NALAWADE, J.)
     rsl