SAHIL KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of Criminal Procedure Code, 1973 (herein after referred to as "the Code") has been filed by the petitioner for quashing order dtd. 12/1/2022 (Annexure P/1), passed in Criminal Revision No.10/2022, by learned 14th Additional Sessions Judge, Indore, District Indore (MP) affirming the order dtd. 2/12/2021 (Annexure P/2), in R.C.T. No.1386/2020 (Crime No.28060/2019), passed by the Chief Judicial Magistrate, Indore, District Indore (MP), whereby the petitioner's application under Ss. 451 and 457 of the Code for supurdagi of his vehicle bearing registration number MP-04 BC-9991 has been rejected.

(2.) In brief, the facts giving rise to the present petition are that on 21/1/2020, a truck bearing registration number HR-63 A-9596 was apprehended by the Forest Department and was found carrying forest produce, woods (Kher Van-upaj).

(3.) The story of the prosecution is that one Ashique Khan @ Banti s/o Jalil Khan, the co-accused was to dispose of the aforesaid forest produce, after its delivery to him. This fact has been disclosed by the main accused persons viz., Bhupendra Singh S/o Bhagwan Singh (Truck Driver) and Sunny @ Rajveer Singh S/o Bhupendra Singh (Cleaner of the Truck) in their memos prepared under Sec. 27 of the Evidence Act,1872, however, Ashique Khan @ Banti could not be arrested at that time and subsequently he could be arrested only on 22/11/2021, while he was travelling in a Toyota Innova bearing registration number MP-04 BC-9991 (the vehicle in question) which belonged to the petitioner Sahil Khan.