ARJUN Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the order dated 18-12-2009 passed by IV Additional Sessions Judge in Cri. Case No. 936/09 whereby the order dated 1-12-2009 passed by JMFC, whereby the application filed by the petitioner under Section 437 (6) was dismissed. Hence, the present petition has been filed.

(2.) Short facts of the case are that the petitioner was prosecuted for an offence alleged to have been committed under Section 34 (2) of the Excise Act alleging that on 27-6-09 petitioner was found in possession of country made liquor which was more than 50 bulk litres. Petitioner was arrested on that very day. Since the trial could not completed within a period of 60 days, therefore an application was filed by the petitioner under Section 437 (6) of Cr.PC, wherein it was prayed that the petitioner be released as the trial was not concluded within the statutory period of 60 days. The application was dismissed against which a revision petition was filed, which was also dismissed. Hence this petition.

(3.) Learned Counsel for the petitioner submits that the order passed by learned Courts below is illegal and deserves to be set aside. It is submitted that the petitioner was claiming will, as the trial did not conclude within the stipulated time. It is submitted that as of right petitioner is entitled for will and the application filed by the petitioner could not have been dismissed on the ground which are mentioned in the impugned order. It is submitted that petition filed by the petitioner be allowed and the impugned orders passed by the learned Courts below be set aside.