(1) CRI. APLN. 5138.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5138 OF 2010 Shri Rota Palya Tadvi Age : 60 years, Occu.: Agriculturist, R/o. Sardarnagar, Tq. Taloda, Dist. Nandurbar Applicant VERSUS The State of Maharashtra Through Police Inspector, Taloda Police Station, Tq. Taloda, Dist. Nandurbar Respondent ..... Mr. S.U. Chaudhari, Advocate for the Applicant. Mr. P.P. More, A.P.P. for the Respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 14TH DECEMBER, 2010 ORAL ORDER:- 1. The Application is filed under section 438 of the Cr.P.C. 2. Heard learned Advocate for the applicant. Perused the recitals of the FIR and the other documents filed alongwith the Application. 3. Contention of the learned Advocate for the applicant is that a false complaint was lodged by (2) CRI. APLN. 5138.2010 Magnya Pisa Tadvi on account of political rivalry. He would submit that in the village panchayat election, Magnya Pisa Tadvi lost and that the son of the applicant was elected from ward no.1 of Taloda, which gave rise to the false complaint. 4. Perusal of the FIR and the copy of the show cause notice given to the applicant, prima facie shows that he introduced names of 19 bogus persons in the list of eligible persons covered by "Antyodaya Scheme". He thereby committed misappropriation of the wheat and rice by showing bogus sale of the grains through the P.D.S. (Public Distribution System). Admittedly, the applicant runs a fair price shop. Various irregularities were noticed when the shop was inspected by the D.S.O. Thus, it is not only on basis of the complaint of said Magnya Pisa Tadvi that the applicant is alleged to have committed offence punishable under section 3 and 7 of the Essential Commodities Act, but it is on basis of the verification of the recitals of the complaint that such FIR came to be lodged. 5. Obviously, there is prima facie material to (3) CRI. APLN. 5138.2010 implicate the applicant in the alleged offence. Consequently, I do not find merit in the Application. Dismissed. Sd/- [V. R. KINGAONKAR, J.] arp