BRAJESH VAISHNAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD the learned counsel for the parties. The applicant by this application has prayed for quashing the FIR registered against the applicant for commission of offence punishable under Section 34(2) of MP Excise Act and Section 120-B of IPC vide Crime No.236/2010 registered at Police Station Maharajpur District Mandla. Brief facts of the case are that on 30.12.2010 SHO Maharajpur found that liquor contractors Dabbu @ Ravi Bharat Rai Mandal and Baba @ Gulab Chourasiya Mandal were smuggling English liquor from a vehicle bearing registration No.MP51 D-0201. SHO Maharajpur followed that vehicle by another four wheeler and near village Pondi the driver of the alleged vehicle parked the vehicle near the road and ran away. The vehicle was seized and it was found that huge quantity of English liquor was there in the vehicle, therefore a case was registered against so many persons including the present applicant, because the present applicant was registered owner of the vehicle.

(2.) LEARNED counsel for the applicant submits that the applicant has given his vehicle on contract to Shiv @ Kallu to book that vehicle for valid transportation of persons. An agreement took place on 15.12.2010 between the applicant and accused Shiv @ Kallu and thereafter vehicle was handed over to Shiv @ Kallu, therefore the applicant was not involved in the alleged crime. A false case has been registered against the applicant. It is also submitted that the provisions of Section 120-B of IPC are not applicable in the case of MP Excise Act, because MP Excise Act is a special Act and no provisions of Section 120-B of IPC may apply. In such circumstances, it is prayed that the FIR registered against the applicant may be quashed. LEARNED counsel for the applicant has placed his reliance on the judgments of Hon'ble Apex Court in the case of "Swaran Singh & others Vs. State", [AIR 2008 SC (Supp) 441] and in the case of "Reshma Bano Vs. State of UP", [AIR 2008 SC (Supp) 341] to show that while consideration of quashing of FIR, it should be seen that whether any prima facie case is made out or not. At this stage, correctness of the allegations should not be seen.

(3.) CONSEQUENTLY, the present application filed by the applicant under Section 482 of Cr.P.C. cannot be accepted. Accordingly, it is hereby dismissed.