Manish Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 10558 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 11 th OF JULY, 2023
                                          WRIT PETITION No. 9871 of 2021

                          BETWEEN:-
                          1.    MANISH DUBEY S/O SHRI GAYADEEN DUBEY,
                                AGED     ABOUT   27   YEARS, OCCUPATION:
                                SALESMAN PIPRA KALAN TEH. BADA MALEHARA
                                DISTT. CHHATARPUR (MADHYA PRADESH)

                          2.    HAR GOVIND SONI S/O SUNDARLAL SONI, AGED
                                ABOUT 47 YEARS, OCCUPATION: AGRICULTURIST
                                VILLAGE SEDHPA TEH. BADA MALEHARA
                                (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI SANJAY KUMAR AGRAWAL - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THRO. THE
                                PRINCIPAL SECRETARY DEPARTMENT OF FOOD
                                CIVIL SUPPLIES AND CONSUMER PROTECTION
                                GOVT. OF MADHYA PRADESH MANTRALAYA
                                VALLABH BHAWAN BHOPAL MP (MADHYA
                                PRADESH)

                          2.    COLLECTOR CHHATARPUR DISTT. CHHATARPUR
                                M.P (MADHYA PRADESH)

                          3.    SUB   DIVISIONAL  OFFICER  TEH.   BADA
                                MALEHARA DISTT. CHHATARPUR M.P (MADHYA
                                PRADESH)

                          4.    TEHSILDAR TEH. BADA MALEHARA DISTT.
                                CHHATARPUR M.P (MADHYA PRADESH)

                          5.    JUNIOR SUPPLY OFFICER TEH. BADA MALEHARA
                                DISTT. CHHATARPUR M.P (MADHYA PRADESH)

                          6.    STATION HOUSE OFFICER P.S BHAGWA DISTT.
                                CHHATARPUR M.P (MADHYA PRADESH)
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 7/12/2023
1:45:43 PM
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                                                                                   .....RESPONDENTS
                          (BY SHRI MANASMANI VERMA - GOVERNMENT ADVOCATE)

                                            WRIT PETITION No. 14054 of 2021

                          BETWEEN:-
                          1.    MANISH DUBEY S/O SHRI GYADIN DUBEY,, AGED
                                ABOUT   23   YEARS, OCCUPATION: UPARJAN
                                KENDRA PRABHARI R/O H. NO. 52/2 WARD NO. 3,
                                VILLAGE    PIPRAKALAN      SENDHPA, DISTT-
                                CHHATARPUR (M.P) (MADHYA PRADESH)

                          2.    HARGOVIND SONI D/O SHRI SUNDAR LAL SONI,
                                AGED      ABOUT    45  YEARS, OCCUPATION:
                                SURVEYOR R/O WARD NO.07.VILL. AND POST
                                S E N D H P A TEH.  BADAMALAHRA    DISTT.
                                CHHATARPUR MP (MADHYA PRADESH)

                                                                                    .....PETITIONERS
                          (BY SHRI ANIL LALA - ADVOCATE )

                          AND
                          1.    THE STATE OF M.P THR THE SECRETARY FOOD
                                CIVIL SUPPLIES AND CONSUMER PROTECTION
                                DEPTT.   MANTRALAYA    VALLBH   BHAWAN
                                BHOPAL M.P (MADHYA PRADESH)

                          2.    THE   COLLECTOR THR.   COLLECTOR DISTT.
                                CHHATARPUR M.P (MADHYA PRADESH)

                          3.    THE NAIB TEHSILDAR THR. TEHSILDAR TEH.
                                CHHATTARPUR MP (MADHYA PRADESH)

                          4.    DEPUTY   REGISTRAR     THR  COOPERATIVE
                                SOCIETIES DISTT. CHHATARPUR M.P (MADHYA
                                PRADESH)

                          5.    ADMINISTRATOR SEVA SAHKARI SAMITI BEERO
                                T H R ADMINISTRATOR SEVA SAHKARI SAMITI
                                B E E R O DISTT. CHHATARPUR M.P (MADHYA
                                PRADESH)

                                                                                   .....RESPONDENTS
                          (BY SHRI MANASMANI VERMA - GOVERNMENT ADVOCATE )

                                These petitions coming on for admission this day, the court passed the
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 7/12/2023
1:45:43 PM
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                          following:
                                                               ORDER

These petitions are filed being aggrieved of the order dated 26.05.2021 issued by the Junior Supply Officer, Bada Malera, Chhatarpur, directing the SHO, Police Station Bhagwa, District Chhatarpur to register FIR against the petitioners for procuring Non-FAQ wheat.

In the second petition the allegation is that on the basis of this FIR recovery orders have been passed by the competent authority.

Learned counsel for the petitioners submits that as per the scheme contained in Annexure P-1 issued by the Food Civil Supply and Consumer Protection Department on 25.02.2021, there is a provision for up-gradation of non-FAQ wheat to FAQ. Clause 6.12 provides that if at the district level if there is any dispute in regard to judgment on the quality of the food-grain, then second examination can be sought in a laboratory of Food Corporation of India.

It is further submitted that neither any steps were taken for upgrading Non-FAQ wheat to FAQ level nor there is any scientific examination to point out that the moisture in the wheat was above the prescribe limit of 12%. It is pointed out that statements of the petitioners as contained in Annexure P-4 have been read out of context and have been distorted. It is pointed out that neither of the petitioners accepted that the moisture was above 12%. Therefore, the

onus was on the Junior Supply Officer or the Officers who were supervising the work of procurement to have overseen the fact that scientific test should have been applied to the sample so collected to point out that the wheat which was procured contained moisture above 12% but no such exercise was admittedly carried out, a fact which is admitted by Shri Manasmani Verma, learned Signature Not Verified Signed by: AMITABH RANJAN Signing time: 7/12/2023 1:45:43 PM

Government Advocate,.

In view of such facts, when there is no agreement of fraud or misappropriation. There is no mens rea involved, then Criminal action could not have been directed to be initiated by the Junior Supply Officer in a mechanical manner. Thus, order Annexure P-7 dated 26.05.2021 directing the SHO, Police Station Bhagwa to register FIR is hereby quashed and all consequential actions are also quashed.

Petition is allowed and disposed of.

As far as W.P. No. 14054 of 2021 is concerned, since impugned order has been passed on the basis of registration of FIR said orders Annexure P-6 & P-7 are hereby quashed.

Liberty is reserved in faovur of the concerned Officers to apply their mind and if, the procurement has any civil consequences and to pass appropriate orders after giving opportunity of hearing to the petitioners.

(VIVEK AGARWAL) JUDGE Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 7/12/2023 1:45:43 PM