LAWS(MPH)-2014-5-127

DINESH RAI Vs. STATE OF M.P.

Decided On May 06, 2014
DINESH RAI Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) PRESENT petition is directed, claiming parity with case of co -accused Mahendra Singh, whose petition for quashment was allowed on 21.1.2014 in M.Cr.C. No. 15847/2013 by this Court, for quashment of the FIR.

(2.) ACCORDING to prosecution, on 26.3.2013 at 1.30 mid night Police Officials at Police Chowki Footera District Damoh received information regarding illegal transportation of liquor from the Government shop in Maruti Van bearing registration No. M.P. -20 -BA -3674. Police Officials raided the shop and surrounded the scene of the occurrence, but could catch only two accused persons, rest of the accused persons succeeded to run away.

(3.) ON perusal of the FIR, it becomes evidently clear that accused Mahendra was present on the scene of the occurrence and was seen by the police officer. This fact has not been brought to the notice of this Court and was not considered in the order dated 21.1.2014 by this Court, therefore, I see no parity in the case of the petitioner to that of the case of Mahendra Singh.