PAWAN KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. is filed for discharging him in criminal case no.1206/2012 pending before learned Judicial Magistrate First Class, Depalpur, district Indore.

(2.) According to the applicant, a complaint was lodged by Sarpanch of Gram Panchayat, Vijaypure against the co-accused Taranjeet Singh Hora, in which it was stated that the co-accused Taranjeet Singh Hora committed theft of Murum digging small hillock with the help of JCB machine. On his report, crime No.2000/2012 under Section 447, 379/34 of IPC was registered. The present applicant is an owner of dumper truck, who was found involved in the commission of the crime and therefore, the truck was seized and the present applicant was also made accused in the case.

(3.) This application under Section 482 Cr.P.C. is filed for quashment of the proceedings against him on the ground that a four-lane highway was being constructed by Company R.B.R.C.N. Limited, Rangwasa Camp Daulatabad. For the purpose of construction, the Company utilized Murum available in the hillock. The present applicant has no role for digging and shifting of Murum from the spot. According to him, Sarpanch falsely implicated him, as he could not fulfill his demand of providing a residential plot to him in the Colony which the co-accused was developing. Due to the construction of the four-lane highway by the aforesaid Company, the road going to the Colony, which was being developed by the co-accused was blocked and the present applicant was trying to clear the way towards the Colony. A complaint was made to the Tehsildar and after brief enquiry, the Tehsildar ordered reopening of the road and on these grounds, the present applicant claims quashment of the proceedings.