Jagdish Prasad Gupta ORDER
Jagdish Prasad Gupta, J.
1. This petition has been preferred under Section 482 of Cr.P.C. for quashment of impugned order dated 17.11.2017 passed by JMFC, Jabalpur whereby the application filed under Section 156 (3) of Cr.P.C. by respondent no. 2 was accepted and directed to Police station Lardganj, Jabalpur to register FIR and submit final report, on the ground that prima facie no cognizable offence is made out from the averment in the application and the impugned order has been passed mechanically without applying judicial mind and the mandatory procedure as laid down by the Apex Court.
2. Facts giving rise to this petition in brief are that the respondent no. 2 filed an application under Section 156 (3) of Cr.P.C. on 13.11.2017 before JMFC, Jabalpur stating that on 13.10.2017 he went to the applicant's shop Karan Shoes situated at Malviya Chowk, Jabalpur to purchase a pair of Chappal and he purchased a pair of Chappal made by Softy Company on which a paper slip was impressed by the seller on the place where MRP Rs. 499/- was engraft by the company. On the slip in the name of Karan Shoes MRP Rs. 790/- was printed and after negotiation it was given on consideration of Rs. 740/-. Thereafter, when he detached the slip of price it was emerged that on behalf of Softy Company, MRP Rs. 499/- was engraft on the goods and the bill given by the seller was also deceived. Neither the name of the purchaser was mentioned nor the description of the company was given and GST number was also wrong. Accordingly, the seller has deceived to the respondent to pay him more money than fixed by the Softy Company as maximum retail price (MRP) believing that the exhibited price is the MRP fixed by the company. In this way the applicant has cheated him. Further stated that when about aforesaid act complaint was made to the applicant no. 1, he disclosed himself that he is the proprietor and in this regard on 13.10.2017 written information was given to the police station Lardganj but no action was taken, thereafter, he by communication dated 29.10.2017 and 31.10.2017 made complaint to the higher official of the police but on account of political and economic influence, the police did not take any action. Therefore, the police be directed to register criminal case against the applicant under Section 420, 467, 468, 471, 481, 482, 486 read with section 34 and 120-B of IPC. The application was filed along with affidavit and other relevant document and by the impugned order learned JMFC came at the conclusion that from the application prima facie, cognizable offence is made out and directed the police to register the FIR.
3. Learned counsel for the applicant no. 2 has submitted that in the application against the applicant no. 2, there is no averment in the application under Section 156 (3) of Cr.P.C., therefore, against him no direction for registration of FIR can be given. He is only the owner of Karan Shoes. As per the averments no alleged deal was taken place........