BHUPENDRA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Inherent powers of this Court u/Sec.482 Cr.P.C . are invoked assailing the order Annexure P-1 dated 11.07.2020 by which the Revisional Court (IV ASJ, Dabra, District Gwalior) has declined to entertain the revision preferred by petitioner against interlocutory order of Trial Court dated 25.06.2020 rejecting the prayer of petitioner for release on interim custody vehicle (Dumper bearing registration No.MP07 GA 9627) which was seized in connection with Crime No.164/2020 at Police Station Bhitarwar, District Gwalior (M.P.) alleging offences punishable u/Secs.379, 414 of IPC and u/Secs.4(A) and 21(1) of M.P. Mines and Minerals (Development And Regulation) Act , 1957.

(2.) Learned counsel for petitioner submits by referring to the record that after the said vehicle was seized in regard to the said offences, the petitioner deposited penalty to the tune of Rs.93,750/- in terms of Rule 20(1)/20(2) of Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 (for brevity "2019 Rules").

(3.) It is evident from the letter dated 25.06.2020 written by Mining Officer to the SHO of the concerned Police Station which is accompanied by Doc.No.5171/2020 that after depositing the penalty amount no further proceedings under 2019 Rules are pending against the petitioner.