Madhya Pradesh High Court
Rahul @ Abhishek Rathore vs The State Of Madhya Pradesh on 5 September, 2022
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 5th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 35272 of 2021
Between:-
RAHUL @ ABHISHEK RATHORE S/O DINESH
RATHORE, AGED ABOUT 27 YEARS,
OCCUPATION: BUSINESS 130 VIJAY SHREE
NAGAR (MADHYA PRADESH)
.....PETITIONER
(SHRI PALASH CHOUDHARY, LEARNED COUNSEL FOR THE
PETITIONER .
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THR, P.S. HEERA NAGAR,
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI MUKESH SHARMA G.A. APPEARING ON BEHALF OF
ADVOCATE GENERAL.
This PETITION coming on for ADMISSION this day, but with
the consent of parties, heard finally and the court passed the
following:
ORDER
This petition has been filed under Section 482 of Cr.P.C. for
quashment of charge-sheet arising out of Crime No.818/2019
registered at Police Station Heeranagar, Indore as well as the
subsequent proceedings pending in RCT No.557/2020 before the trial
Signature Not VerifiedDigitally signed by
Court under Section34(2) of M.P. Excise Act qua the petitioner.
SAN AMIT KUMAR
Date: 2022.09.06
18:59:12 IST
As per the prosecution story,11.12.2019, on a secret information
by the informer, the police has intercepted the Auto bearing registration
No.MP-09RA-0636 carrying illegal liquor. When the police party
intercepted, one person fled away from the spot and the police arrested
the driver Naveen Katariya. On being search of the auto 27 boxes of
the country made and foreign liquour was recovered by the police. The
police recorded his statement and implicated the applicant on the basis
of statement of Co-accused Naveen Katariya recorded under section 27
of the Evidence Act. Hence, the case was registered against the
petitioner and other co-accused persons.
Learned counsel for the petitioner submits that the petitioner has
been implicated in the present case only on the basis of statements of
Co-accused Naveen Katariya recorded under Section 27 of the
Evidence Act. Except the memo of Co-accused, there is nothing on
record against the petitioner to implicate him in the present case.
Counsel for the petitioner further submits that in the similar facts and
circumstances of the case, this Court, in the case of Narendra Kumar
vs. State of Madhya Pradesh passed in CRR No.341/2019 decided
on 15.03.2019 has quashed the FIR and subsequent proceedings
pending against the petitioner therein. Hence, in view of the judgment
passed in the case of Narendra Kumar (Supra), this petition is liable
to be allowed.
Signature Not VerifiedDigitally signed by
SAN AMIT KUMAR
Date: 2022.09.06
On the other hand, counsel for the State has opposed the prayer by
18:59:12 IST
submitting that the petitioner was implicated due to his involvement in
transportation of illegal contraband. Hence, he is not entitled for any
relief. However, on the specific query from this Court about other
evidence except the statements of co-accused recorded under Section 27
of the Evidence Act, the counsel has replied negatively.
I have heard the learned counsel for the parties and perused the
record.
Section 27 of 'The Act', in terms, provides that only that
information which distinctly relates to the discovery of fact is
admissible in evidence. In the landmark decision of Privy Council in the
case of Pulukuri Kottaya vs. Emperor, AIR 1947 P.C. 67, it has been
held that unless there is discovery of fact, statement made u/S. 27 of
'The Act' has no evidentiary value. It has further been held that in a case,
it can seldom happen that information leading to discovery of a fact can
be made, the foundation of the prosecution case because it is one link in
the chain of proof and the other links must be forged in the manner
allowed by law.
Considering the fact that in the present case the only material to
implicate the present applicant is the disclosure made by co-accused
Naveen Katariya, which is not a legal evidence, therefore this petition
filed under section 482 of 'the Code' is allowed. The charge-sheet
arising out of Crime No.818/2019 registered at Police Station
Signature Not VerifiedDigitally signed by
SAN AMIT KUMAR
Heeranagar, Indore as well as the subsequent proceedings pending in
Date: 2022.09.06
18:59:12 IST
RCT No.557/2020 before the trial Court under Section34(2) of M.P.
Excise Act qua the petitioner, are hereby quashed. The petitioner is
discharged from the aforesaid charges.
His bail bonds, if any, stands discharged.
With the aforesaid, the petition stands disposed off.
A copy of this order be sent to the trial Court concerned for
necessary information.
Certified copy as per Rules.
(RAJENDRA KUMAR (VERMA))
JUDGE
amit
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN AMIT KUMAR
Date: 2022.09.06
18:59:12 IST
