Chironjilal Kushwah Vs. State of Madhya Pradesh

Madhya Pradesh High Court (Single Judge)

MCRC, 45008 of 2021, Judgment Date: Sep 16, 2021

Law laid down:-

1. Clause 16 of M.P. Public Distribution System (Control) Order, 2015 does not contemplate opportunity of hearing before registration of F.I.R. to the police. It contemplates opportunity of hearing before proceeding for suspension or revocation of shop allotment and not for registration of F.I.R.

2. Section 2 (i a) of the Essential Commodities Act 1955 refers definition of Collector which includes Additional Collector and such other officers not below the rank of Sub-Divisional Officer and since in exercise of power conferred by Section 3 read with Section 5 of the Act, 1955. Control Order 2015 came into existence in which definition of Collector is not provided, therefore, by implied incorporation, for the purpose of Control Order, 2015, Collector includes Sub-Divisional Officer also. Therefore, S.D.O. is competent to refer the matter for registration of F.I.R.

3. In second anticipatory bail application, no change in circumstances exists and no miscarriage of justice has been caused under Control Order, 2015. Therefore, bail application is rejected. H.N. Rishbud and another v. State of Delhi, A.I.R. 1955 SC 196 and G.R. Ananda Babu Vs. State of Tamil Nadu, 2021 SCC OnLine SC 176 relied.

Chironjilal Kushwah Vs. State of Madhya Pradesh