Jogendra Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 8842 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 15 th OF JUNE, 2023
                                        MISC. CRIMINAL CASE No. 24693 of 2023

                          BETWEEN:-
                          JOGENDRA YADAV S/O LATE SHRI RAGHUVEER SINGH,
                          AGED     ABOUT       39     YEARS, OCCUPATION:
                          AGRICULTURIST     RESIDENT      OF    VILLAGE
                          JAFARPURKALA, NEW DELHI (DELHI)

                                                                                         ....PETITIONER
                          (SHRI RAJMANI BANSAL, LEARNED COUNSEL FOR THE PETITIONER)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION PS RAGHOGARH, DISTRICT GUNA (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI NITIN GOYAL- LEARNED PANEL LAWYER FOR THE
                          RESPONDENT- STATE)

                                This petition   coming on for admission this day, the court passed the
                          following:
                                                             ORDER

The present petition under Section 482 of CrPC has been filed by petitioner, seeking quashment of charge sheet as well as FIR vide Crime No. 375 of 2021 registered at PS Raghogarh, District Guna for offence under Section 34(2) of MP Excise Act and enhanced Section 482 of IPC as well as other consequential criminal proceedings flowing out from aforesaid crime.

Briefly stated the facts of case are that on 10-09-2021 at around 12:30 pm, on getting information at PS Raghogarh from an informer, the police force reached near AB Road, Shubham Petrol Pump at village Awan and on seeing Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/16/2023 10:51:18 AM

police force, driver of container bearing registration no.GJ25U1415 carrying illicit country-made tried to flee away from the spot and thereafter, he was apprehended and upon being asked, he disclosed his name as Maha Singh son of Sultan Singh Yadav who was interrogated in front of of Vijay Singh, Meena Warehouse and another co-accused who was sitting in container ran away from spot. On being asked, said Maha Singh disclosed that the person who ran way is Ravindra Chaudhary, resident of near Muhana Railway Station, Haryana. On search, 645 packets total 5805 liters of country-made liquor was seized for which there was no valid licence of container. On the basis of which , aforesaid Crime No.375 of 2021 was registered at PS Raghogarh for offence under

Section 34(2) of IPC. Statement of Maha Singh was recorded under Section 27 of Evidence Act who in his statement stated nothing against present petitioner and thereafter, on the basis of memorandum of co-accused Ravindra Chaudhary recorded under Section 27 of Evidence Act , the petitioner has been implicated as an accused and he was arrested. After completion of investigation and other formalities, final report was filed. Thereafter, an offence under Section 482 of IPC was enhanced.

It is submitted by learned counsel for the petitioner that the petitioner is not the owner of the alleged seized container. No recovery was made from the possession of petitioner. The petitioner has been implicated as an accused on the basis of memorandum of co-accused Ravindra Chaudhary. There is no other evidence available aganinst petitioner except memoradum of co-accused recorded under Section 27 of the Evidence Act which is inadmissible in the eyes of law. Hence, he prayed for quashment of FIR vide Crime No. 375 of 2021 registered at PS Raghogarh, District Guna for offence under Section 34(2)

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/16/2023 10:51:18 AM

of MP Excise Act and enhanced Section 482 of IPC as well as other consequential criminal proceedings flowing out from aforesaid crime.In support of his contention, learned counsel for the petitioner has relied on the judgment of Gwalior Bench of this High Court in the matter of Rajveer Singh vs. State of MP reported in 2015 Cr.LR.(MP) 134 and in the matter of Suresh Upadhya vs. State of MP and another reported in 2014 Cr.L.(MP) 305.

On the other hand, learned counsel for the State opposed the contentions of petitioner and prayed for dismissal of this petition.

Heard learned counsel for the parties.

In view of aforesaid and considering the legal position and in favour of the fact that no evidence is available against the petitioner except the disclosure statement of co-accused recorded under Section 27 of the Evidenc Act.

As a result, this petition deserves to be and is hereby allowed. Consequently, charge sheet as well as FIR vide Crime No. 375 of 2021 registered at PS Raghogarh, District Guna for offence under Section 34(2) of MP Excise Act and enhanced Section 482 of IPC as well as other consequential criminal proceedings flowing out from aforesaid crime.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 6/16/2023 10:51:18 AM