The State Of Madhya Pradesh vs Raseed @ Raashid
2021 Latest Caselaw 8784 MP

       The High Court Of Madhya Pradesh


                       MCRC No. 38215 of 2020
              (THE STATE OF MADHYA PRADESH Vs RASEED @ RAASHID)



Indore, Dated : 14-12-2021
      Smt. Bharti Lakkad GA for the petitioner /State.
      Heard on admission.
      Petitioner has filed present application for378(3) of Cr.P.C for
grant of leave to appeal against the order dated 28/01/2020 passed in
Criminal Case no. 1085/2018 by Judicial Magistrate, Class-II, Jhabua
by which, the accused/respondent has been acquitted from the

offence punishable under sections 279 and 338 of IPC and section 146/196, 3/181 of Motor Vehicle Act.

Heard learned counsel for the petitioner and perused the judgment passed by the trial Court For the sake of reference para 22 of the impugned judgment is reproduced as under :

"mijksDr foospuk ds vk/kkj ij vfHk;kstu ;g ;qfDr;qDr lansg ls izekf.kr djus esa lQy jgk gS fd vfHk;qDr jlhn mQZ jk'khn fnukad 05-09-2018 dks 'kke 5%00 cts ;k mlds yxHkx vkj{kh dsUnz >kcqvk varxZr bUnkSj&vgenkckn jksM+ cksgjk isVªksy iai ds lkeus es?kuxj ukdk fLFkr yksd ekxZ ij eksVj lk;fdy Øekad MP-45-MD-5675 dks yksdekxZ ij mis{kk ,oa mrkoysiu ls pykdj ekuo thou ladVkiUu fd;k ,oa mDrkuqlkj okgu dks lapkfyr dj vkgr uqjdhckbZ dks ?kksj migfr dkfjr dh ,oa mDr okgu dks fcuk chek ,oa fcuk Mªk;foax yk;lsal ds lkoZtfud ekxZ ij pyk;k x;kA Qyr% vfHk;qDr dks /kkjk 27+9] 338 Hkk-n-la rFkk /kkjk& [email protected]] [email protected] eksVj;ku vf/kfu;e ds vUrxZr n.Muh; vijk/k ds vfHk;ksx ls nks"keqDr fd;k tkrk gSA"

In the aforesaid para-22, the trial Court has held that the prosecution has succeeded to prove its case beyond reasonable doubt and it has been found that on 05/09/2016 at about 5.00 pm, accused Rashid was driving the motorcycle bearing registration no. M.P-45-MD- 5675 rashly and negligently in public way and has endangered human life. He was also driving the said vehicle without any valid licence and valid insurance policy of the vehicle in public place, even then, the trial Court has acquitted the respondent/accused from the offence punishable under sections 279 and 338 of IPC and sections 146/196, 3/181 of Motor Vehicle Act.

In view of the contrary findings of the trial Court, leave is granted and the petition is allowed and disposed of.

As a consequence of this order, office is directed to register the appeal as an admitted appeal and proceed further as per rules.

Let notice be issued to the respondent by ordinary as well as Registered A.D., on payment of process-fee within a week, returnable within six weeks Appeal be listed for admission.

With the aforesaid, present MCRC is allowed and disposed of accordingly.

CC as per rules.

(ANIL VERMA) JUDGE Digitally signed by AMOL N MAHANAG Date: 2021.12.15 17:59:22 +05'30'