ONKAR PRASAD LONI Vs. STATE OF MP

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred by the applicant being aggrieved by the order dated 14-9-2009 passed by the ASJ, Kotma District Anooppur in Criminal Revision No. 687/09 arising out of order dated 4-9-09 passed by the JMFC, Kotma in Criminal Case No. 956/09, whereby the Lower Revisional Court has set aside the order passed by the Trial Court.

(2.) The brief facts of the case are that on 2-8-2009 the applicants had gone to the forest by motorcycle bearing registration No. MP 18 G/0690 and killed two ducks and one crane by using breach loading gun. Gun and vehicle have been seized during the course of the investigation. An application for releasing the vehicle on Supurdnama was moved by the applicants, which was allowed by the JMFC, Kotma. Being aggrieved by that order, respondent-State preferred revision before the Lower Revisional Court, which was allowed and the order of the Trial Court was set aside. Being aggrieved by the impugned order, the instant revision has been preferred by the applicants on the grounds mentioned in the memo of revision.

(3.) Shri D.N. Shukla, learned Counsel for the applicants submitted that the Trial Court has rightly allowed the application for releasing the vehicle on supurdnama in favour of applicants but the Lower Revisional Court has erroneously exercised its jurisdiction in setting aside that order. The order passed by the Revisional Court is contrary to the Full Bench decision of this Court rendered in the case Madhukar Rao Vs. State of M.P., 2000 2 MPHT 445, therefore, the impugned order be set aside and the order of the Trial Court be restored.