IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-10747 of 2011 (O&M) Date of Decision : 10.8.2011. Surinder Singh ...... Petitioner Versus State of Haryana ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Ajay Pal Singh, Advocate, for the petitioner. Mr. Satyavir Yadav, DAG, Haryana. NAWAB SINGH J.(ORAL) By filing this petition, under Section 482 of Code of Criminal Procedure, petitioner seeks quashing of First Information Report No. 239 dated November 13th, 2010 registered under Sections 406 and 409 of Indian Penal Code in Police Station Mulana, District Ambala. 2. The petitioner is Inspector in the Haryana State Cooperative Supply and Marketing Federation Limited (for short 'the HAFED'). On November 13th, 2010 he was In-charge of New Grain Market, Mulana. The entire wheat stocked in the yard of Grain Market was under his supervision. The Station House Officer, Police Station Mulana received a secret information that petitioner along with employees of HAFED Ravinder Kumar, Sarabjit Singh, Neeraj Kumar and Rajpal was dishonestly misappropriating wheat entrusted to him. The Police reached the spot and found 28 plastic bags of wheat being misappropriated by removal by the petitioner and his co- accused. They were arrested on the spot. 3. The solitary submission made by learned counsel for the petitioner is that the petitioner was not misappropriating the wheat at the time of raid, rather he was putting wheat in other bags in order to avoid damage to the stocked wheat. 4. Indisputably, the wheat was under the supervision Criminal Misc. No. M-10747 of 2011 (2) of the petitioner. The petitioner was apprehended on the spot while he was mis-appropriating wheat for his own use. The plea put forth by the petitioner that he was putting wheat in other bags so that it may not get damaged, will stand decided after leading evidence as it is a question of fact. While deciding petition under Section 482 of the Code, this Court cannot deal with question of fact. Hence, the petition is dismissed. (NAWAB SINGH) JUDGE 10.8.2011. SN