Gajanand vs The State Of Madhya Pradesh
2023 Latest Caselaw 7890 MP

                                                                1
                           IN       THE      HIGH        COURT OF MADHYA                       PRADESH
                                                           AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                     ON THE 12 th OF MAY, 2023
                                              CRIMINAL REVISION No. 1171 of 2023

                           BETWEEN:-
                           GAJANAND S/O JAGANNATH PATIDAR, AGED ABOUT 55
                           YEARS, OCCUPATION: FARMER MEHGAON PS
                           DHAMNOD DHAR (MADHYA PRADESH)

                                                                                              .....APPLICANT
                           (SHRI MANU MAHESHWARI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION DHAMNOD
                           DISTRICT DHAR (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                            (SHRI VIRAJ GODHA - GOVERNMENT ADVOCATE)

                                This revision coming on for orders this day, the court passed the following:
                                                                 ORDER

This is present revision filed under section 397/401 of the Cr.P.C against the order dated 01.03.2023 passed by Additional Session Judge, Dharampuri

District Dhar in CRA No.17/2018 convicting the applicant under section 420 of the IPC and sentencing him for two years RI with fine of Rs.2000/-.

2. As per the prosecution case, on 02.04.2023 a complaint was made wherein on the order of Nagrik Aapurti Avam Vibhagiya, farmers were directed to get the registration for their wheat for the year 2013-14. The applicant also did his registration under the said scheme for the wheat at his agricultural land admeasuring 1.954 Hectare on 15.01.2023 and the same was verified by Tehsildar and Patwari and then accordingly the applicant was eligible for 97 Signature Not Verified Signed by: SOURABH YADAV Signing time: 12/05/2023 6:22:30 PM

quintal wheat. On 30.03.2013 the applicant brought 96 quintal wheat on the vehicle and on the doubt of Umashankar Devkaran Yadav, Chairman, Umashankar Bhilu Yadav, Member and Sanjay Pawarand Informed the Tehsildar about the same then Tehsildar directed Patwari to physically verified the land and Tehsildar also directed applicant to provide compensation documents and photographs. As per Patwari's report it was found that applicant was producing the wheat on the land admeasuring 1.100 hectare and on the rest area, dollar chickpea was sown and at the time of physical verification standing wheat were found at the land. It has been alleged that the applicant has misused the registration and bonus of the scheme and applicant

got weighed some other wheat instead of his wheat. It has been alleged that applicant has received the amount from the organization and upon this FIR was registered as crime no.168/2013 under section 420 IPC. The challan was filed on 02.06.2013.

3. The learned JMFC through the judgment dated 30.08.2018 convicted the applicant under section 420 of IPC for two years RI alongwith fine of Rs.2000/- fine or in lieu of fine one month SI.

4. Aggrieved by the judgment dated 30.08.2018 the applicant challenged it before the learned Sessions Court in Cr.A No.17/2018. However, the learned Sessions Court through judgment dated 01.03.2023 dismissed the said appeal and upheld the judgment and punishment by the learned JMFC.

5. Learned counsel for the applicant submits that the applicant has already remained in jail for more than two months. He is a farmer. The alleged offence is said to have committed in the year 2013. The jail sentence may be reduced to the period already undergone and fine amount may be enhanced.

Signature Not Verified Signed by: SOURABH YADAV Signing time: 12/05/2023 6:22:30 PM

6. Learned counsel for the respondent/state supports the order of conviction and sentence and submits that the applicant misused the registration and bonus scheme as he got weighted some other wheat instead of his wheat.

7. After hearing learned counsel for the parties and taking into consideration the allegation against the applicant and the fact that the applicant is a farmer and the incident is of year 2013. He has already remained in custody for more than two months . No purpose would be served in sending the applicant in jail. Accordingly, the revision is partly allowed. The conviction of the applicant is maintained and the sentence is reduced to the period already undergone by him and the fine amount is enhanced from Rs.2,000/- to Rs.10,000/-. The applicant be released forthwith, if not required in any other case. In case if the applicant fails to deposit the enhanced fine amount, the applicant shall undergo the remaining jail sentence as per the order of appellate court.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 12/05/2023 6:22:30 PM