Mukesh Sharma vs State Of M.P.
2023 Latest Caselaw 6790 MP

                                                      1
                 IN         THE      HIGH COURT OF MADHYA PRADESH
                                           AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                          ON THE 26 th OF APRIL, 2023
                                      CRIMINAL REVISION No. 72 of 2013

               BETWEEN:-
               1.          MUKESH SHARMA S/O SHRI BABULAL, AGED
                           ABOUT 38 YEARS, OCCUPATION: GOVT. SERVANT
                           R/O DUBAH TEH.CHEENOR BLOCK BHITARWAR,
                           DISTT. GWALIOR (MADHYA PRADESH)

               2.          GOVIND SINGH S/O NARAYAN SINGH, AGED
                           ABOUT 38 YEARS, R/O VILLAGE DUBAH, THANA
                           KARAHIYA TEH. CHEENOR BLOCK BHITARWAR,
                           DISTT.GWL. (MADHYA PRADESH)

               3.          BHAJAN SINGH S/O HARVEER SINGH, AGED
                           ABOUT 42 YEARS, R/O VILLAGE DUBAH, THANA
                           KARAHIYA TEH. CHEENOR BLOCK BHITARWAR,
                           DISTT.GWL. (MADHYA PRADESH)

               4.          RAMHET S/O DEVLAL BAGHEL , AGED ABOUT 40
                           YEARS, R/O VILLAGE DUBAH, THANA KARAHIYA
                           TEH. CHEENOR BLOCK BHITARWAR, DISTT.GWL.
                           (MADHYA PRADESH)

                                                                                .....PETITIONERS
               (BY SHRI SANJAY BAHIRANI- ADVOCATE)

               AND
               STATE OF M.P. THROUGH P.S.KARHAIYA, DISTT.
               GWALIOR (MADHYA PRADESH)

                                                                                .....RESPONDENT

(BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR FOR THE STATE )

Th is revision coming on for hearing this day, th e court passed the following:

Signature Not Verified
Signed by: MADHU                                       ORDER
SOODAN PRASAD
Signing time: 27-04-2023
06:01:22 PM                This revision petition has been filed by the petitioners under Sections

397/401 of Cr.P.C. against the common judgment dated 17.1.2013 passed by the 2nd Additional Sessions Judge, Dabra, Distt. Gwalior in Criminal Appeal Nos.580/2012 & 581/2012. The said appeals have been preferred against the judgment dated 19.11.2012 passed by the JMFC, Dabra Camp Bhitarwar in Criminal Case No.1093/2005 whereby petitioners have been convicted under Section 3/7 of the Essential Commodities Act and sentenced to undergo 1 year RI with fine of Rs.1,000/- each.

The learned appellate Court vide para 26 of the impugned judgment has come to the conclusion that prosecution has miserably failed to prove that accused persons have breached which scheme or order. Madhya Pradesh

(Khadya Padarth) Sarvjanik Nagrik Purti Scheme, 1991 has been framed by the State of M.P. in which rules regarding proper distribution of food items, time of opening and closing of shops, register to be kept at the shops, display of boards etc. at fair price shops have been made and provisions for penalties and appeal have also been provided in it. But as per the decisions in the cases of Arvind Kumar Vs. State of M.P., 2008 Cri.L.J. 1712, Shivkumar Vs. State of M.P. 2005(4) M.P.L.J. 117, Surendra Tyagi vs. State of M.P. & Ors., 2011(2)E.F.R. 577 and Nareshchandra Jain vs. State of M.P. and Others decided on 30.10.1998 in M.Cr.C.No.3573/1997, Madhya Pradesh (Khadya Padarth) Sarvjanik Nagrik Purti Scheme, 1991 has not been made under Section 3 of the Essential Commodities Act and the said scheme of 1991 has been only held to be an administrative order and not considered to be an offence under Section 3/7 of the Essential Commodities Act. Despite this, learned appellant Court has remanded the matter to the trial Court. Signature Not Verified Signed by: MADHU SOODAN PRASAD Looking to the aforesaid facts and circumstances of the case, this Signing time: 27-04-2023 06:01:22 PM revision petition stands allowed. Impugned order so far as it relates to remand is

set aside.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 27-04-2023 06:01:22 PM