Madhya Pradesh High Court
Hari Krishna Tiwari vs The State Of Madhya Pradesh on 22 July, 2021
Author: Akhil Kumar Srivastava
1 MCRC-32418-2021
The High Court Of Madhya Pradesh
MCRC-32418-2021
(HARI KRISHNA TIWARI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 22-07-2021
Heard through Video Conferencing.
Ms. Indu Pandey, learned counsel for the petitioner.
Shri Pramod Saxena, learnedG.A. for the respondent no.1/State.
Heard on admission.
The petitioner has filed the present petition under Section 482 of CrPC
for setting aside the order of attachment dated 16.06.2021 passed by ASJ,
Tyother District Rewa in Criminal Revision unregistered whereby the order
passed by the JMFC, Tyother District Rewa in case no. 55/2021 dated
03.06.2021 has been affirmed on 16.06.2021.
As per the prosecution story, the police station Sohagi District Rewa
has registered an offence vide Crime No. 55/2021 under sections 147, 148,
149, 294, 506, 302 of the IPC and section 25/27 of the Arms Act.
The case of the prosecution in nutshel is that the dead body of one
Surendra Tiwari was recovered by the police at the instance of someone and
the police registered the offence against the petitioner and other co-accused
persons who are the family members of the petitioner. After that the Police
Station, Sohagi on 10.04.2021 filed an application JMFC, Tyother seeking
permission for initiation of the proceedings under section 82/83 of the
Cr.P.C. The petitioner filed an objection to the same but the JMFC, Tyother
District Rewa decided the application filed by the police, Sohagi directing
attachment of the property of the petitioner.
The petitioner filed a revision before the ASJ, Tyother challenging the
order of the JMFC, Tyother which was dismissed affirming the order of the
JMFC, Tyother, vide impugned order dated 16.06.2021, hence this petition
under section 482 of the Cr.P.C.
Learned counsel for the petitioner submits that the petitioner is innocent
Signature Not
SAN
Verified and has been falsely implicated. There is no direct or indirect allegation
Digitally signed by
MANVENDRA
SINGH PARIHAR
Date: 2021.07.22
17:38:50 IST
2 MCRC-32418-2021
against him. The petitioner is a government employee who is working as an
Assistant teacher. The Police of Police Station, Sohagi without following the
proper procedure has initiated the proclamation proceedings under section 82
of the Cr.P.C. It is further submitted that the property attached by the court
below is not petitioner's own property rather it was his ancestral property.
Learned Panel Lawyer appearing for the State has opposed the prayer
of the petitioner and submits that since the petitioner is absconding and not
co-operating in the investigation and even after issuance of warrant of arrest
he is not appearing, therefore, the order has rightly been passed which does
not call for any interference by this court.
He also relied upon the judgment of Hon'ble Supreme Court in the case
of State of Madhya Pradesh vs. Pradeep Sharma; (2014) 2 SCC 171 in
which it is held that if anyone is declared as an absconder/proclaimed
offender in terms of S.82 Cr.P.C., he is not entitled to any kind of relief.
Counsel also submits that the present applicant is named in the FIR.
Heard learned counsel for the respective parties and perused the
documents as well as the case diary. The applicant is named in the FIR. He is
one of the co-accused who is alleged to have assaulted the deceased. He is a
proclaimed offender and is absconding since lodging of the FIR.
Considering the aforesaid legal positions and material available on
record, this petition being devoid of merits stands dismissed.
A copy of this order be sent to the concerning court for information.
(AKHIL KUMAR SRIVASTAVA)
JUDGE
MSP
