Deepak Singh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 19403 MP

Madhya Pradesh High Court

Deepak Singh Yadav vs The State Of Madhya Pradesh on 21 November, 2023

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                             ON THE 21 st OF NOVEMBER, 2023
                                         MISC. CRIMINAL CASE No. 51687 of 2023

                           BETWEEN:-
                           DEEPAK SINGH YADAV S/O SHRI BRAJRAJ SINGH
                           YADAV, AGED ABOUT 27 YEARS, RESIDENT OF KILLI
                           SURTANPUR SIRSA, THANA BASOH, DISTRICT ETAWAH
                           (UTTAR PRADESH)

                                                                                        .....PETITIOINER
                           (BY SHRI PRADEEP KATARE - ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION, LAHAR, DISTRICT BHIND (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI PRABHAKAR KUSHWAH - PANEL LAWYER)

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

The present petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioner being aggrieved by order dated 30.10.2023 passed by the Court of Judicial Magistrate First Class, Lahar, District Bhind in a criminal case whereby an application under Sections 451 and 457 of the Code of Criminal Procedure for interim custody of truck bearing registration No.UP-75-BT-6566 seized in Crime No.247 of 2023 registered under Sections 379 and 414 of the Indian Penal Code, 1908 read with Sections 52/192, 116/194(1), 122/177 of the Motor Vehicle Act and Sections 50/177,

51/177 and 77/177 of the Central Motor Vehicle Act, for illegal transportation of minor and minerals.

2 . At the outset, State counsel has raised an objection that when an alternate remedy of revision is available to the petitioner for challenging the legality and proprietary of impugned order dated 30.10.2023 by way of a revision, the petition filed by him under Section 482 of Cr.P.C is not maintainable as held by the Hon'ble Apex Court in the matter of Mohit @ Sonu and Another vs. State of UP reported in (2013) 7 SCC 789.

3. In para 27 of the said judgment, the Hon'ble Apex Court has held as under:

"27. The intention of the Legislature enacting the Code of Criminal Procedure and the Code of Civil Procedure vis-à-vis the law laid down by this Court it can safely be concluded that when there is a specific remedy provided by way of appeal or revision the inherent power under Section 482 Cr.P.C. or Section 151 C.P.C. cannot and should not be resorted to."

4. On the basis of the aforesaid, it was prayed that the present petition be dismissed being not maintainable.

5. At this juncture, learned counsel for the petitioner seeks permission of this Court to withdraw this petition with a liberty to file a criminal revision before the competent Court challenging the impugned order dated 30.10.2023.

6. Prayer accepted.

7. Accordingly, this petition is dismissed as withdrawn with the liberty as prayed for.

Certified copy as per rules.

(MILIND RAMESH PHADKE)

JUDGE

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