SHASHWAT M SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under section 482 of CrPC is preferred by the petitioner for quashing the order dated 29.05.2013 passed by Sessions Judge, Shivpuri in Criminal Revision No.55/2013 whereby the criminal revision filed by the petitioner has been dismissed on the ground of lack of territorial jurisdiction.

(2.) LEARNED counsel for the petitioner submits that police Kolaras, District Shivpuri seized liquor along with the truck on 27.09.2011. The petitioner filed an application for releasing the liquor before the Collector (Excise), Shivpuri. The application was dismissed and an order for confiscation of the liquor was passed. Being aggrieved thereof, the petitioner preferred an appeal under section 47 -B of the M.P. Excise Act (hereinafter referred to as 'the Act'), and the appeal was also dismissed, thereafter, the petitioner preferred revision before the Court of Sessions, Shivpuri against the order of Appellate Authority under section 47 -C of the Act. The Sessions Judge, Shivpuri holding that because the revision petition has been preferred against the order of Appellate Authority i.e., Excise Commissioner, Gwalior therefore, the revision will lie within the Sessions Division in which the appellate Court i.e., the Excise Commissioner, Gwalior exists and on account of lack of territorial jurisdiction, the criminal revision was dismissed.

(3.) SHRI Pramod Pachauri, learned Public Prosecutor argued in support of the impugned order passed by the Court below.