DHANENDRA JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Accused/petitioner has filed the instant petition under Section 482 of the Cr.P.C. (in short ''the Code'') to quash the Criminal Case No.RCT80/2019, pending in the Court of Chief Judicial Magistrate, Seoni (MP), under Section 34(2) of M.P. Excise Act read with Section 109 of Indian Penal Code..

(2.) Briefly stated facts of the case are that on 2.12.2018, Incharge of Police Station Dunda, District Seoni, received an information that some persons were transporting liquor in an auto-rickshaw bearing registration No. MP-51-R/1867 and they are going to Seoni through Mandla road.

(3.) Learned counsel for the accused/petitioner submits that there is no evidence on record to show that the liquor was being transported under the instructions of accused/ petitioner. So, no case is made out against the accused/ petitioner. Nothing has been seized from the possession of present accused/petitioner. So, he could not be held liable for any kind of seizure made by the police from the other co-accused person. The name of accused/petitioner has been disclosed by the co-accused Golu @ Lucky, but the memorandum of co-accused is not admissible in the Evidence Act . So, there is no material available on record except the memorandum of co-accused, so, accused/ petitioner cannot be liable to be implicated in this case. Investigating Agency completed the investigation. Charge sheet has been filed. So, it is purely a criminal proceeding against the accused/petitioner which is misuse of process of law. Therefore, learned counsel for the accused/ petitioner prays to quash the Criminal proceeding which is pending against the accused/petitioner.