Madhya Pradesh High Court
Dilip Kumar Mishra @ D.K. Mishra vs The State Of Madhya Pradesh on 28 June, 2017
Author: Atul Sreedharan
Bench: Atul Sreedharan
MCRC-5953-2017
(DILIP KUMAR MISHRA @ D.K. MISHRA Vs THE STATE OF MADHYA PRADESH)
28-06-2017
Shri N.S. Ruprah, learned counsel for the petitioner in
M.Cr.C. No. 6688/2017.
Shri S.C. Chaturvedi, learned counsel for the petitioner
in M.Cr.C. No. 5953/2017.
Shri Dhananjay Chaturvedi, learned counsel for the
petitioner in M.Cr.C. No. 7190/2017.
Shri A.R.S. Chauhan, learned P.L for the
respondent/State.
All the petitions arise of Crime No. 136/2016 registered at Police Station Chorhatta, Distt. Rewa for offence under Sections 3/7 of the Essential Commodities Act, therefore, are being decided analogously. This is second application filed under Section 438 of Cr.P.C on behalf of petitioner -Vidya Shankar Dwivedi in M.Cr.C. No. 6688/2017. His first application was dismissed on 16.03.2017 in M.Cr.C. No. 16599/2016 by this Court.
This is the second application filed under section 438 of Cr.P.C on behalf of petitioner- Dilip Kumar Mishra in M.Cr.C. No. 5953/2017. His first application was dismissed on 24.08.2016 in M.Cr.C. No. 13591/2016 by Hon'ble Shri Justice Atul Sreedharan. This is the second application filed under Section 438 of Cr.P.C on behalf of petitioner- Indralal Shukla in M.Cr.C. No. 7190/2017. His first application was dismissed on 24.08.2016 in M.Cr.C. No. 14981/2016 by Hon'ble Shri Justice Atul Sreedharan.
The prosecution story in brief is that applicant Vidyashankar Dwivedi was the In-charge of the Procurement Centre, Lalgaon. He was also acting as Sales man of a Fair Price Shop of Lalgaon to distribute the PDS wheat supplied for the month of April through the transporter. The owner of the truck is applicant- Indralal Shukla, who conspired with the other applicants and showing it to be wheat obtained by procurement, deposited the same at the Warehouse of Chorhatta where applicant D.K. Mishra, Balikaran Kori and transporter Gangev Rajesh Gupta are responsible for depositing the same at the Warehouse. Lalji Mishra was the Society Manager of the Wheat Procurement Centre Seva Sahkari Samiti, Lalgaon. Truck No. MP-17C-4422 transported the wheat to the Fair Price Shop, Lalgaon. But the same was diverted to godown at Chorhatta showing it to have procured from the farmers. The said vehicle along with loaded wheat was seized. The PDS wheat which was received for distribution to the public was being misused and without distributing the same to the public, it was shown to have purchased from the farmers at the Procurement Centre and was sent to the godown. The accused persons allegedly conspired to commit the crime.
The application filed by Vidyashankar Dwivedi under Section 482 Cr.P.C. Was dismissed on 16.03.2017 whereas the application filed by Lalji Mishra was allowed on the ground that Lalji Mishra was directed to handover the charge of Sales Man to Vidyashankar Dwivedi on 26.03.2016 by Sewa Sahkari Samiti by its resolution. Therefore, Lalji Mishra, prima facie, was not found involved in the crime. The only new ground for change of circumstances claimed by the petitioners is that investigation has been complete.
On behalf of the State, the petition is vehemently opposed and stated that completion of investigation is no change of circumstances. Earlier the applications were dismissed after considering all the aspects on merit. Keeping in view the above circumstances, I do not find it a fit case for grant of anticipatory bail. Consequently, the applications for anticipatory bail filed by the petitioners are dismissed.
(SUSHIL KUMAR PALO) JUDGE awinash