LAWS(MPH)-2009-3-8

ABDUL RAUF Vs. STATE OF M P

Decided On March 24, 2009
ABDUL RAUF Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) BEING aggrieved by the order dated 16. 06. 2005 passed by Judicial Magistrate First Class, Badnagar, District Ujjain in Criminal Case No. 190/1996 whereby the application filed by Respondent No. 2 - Jasbeersingh under section 319 of the Code of Criminal Procedure ["code" hereafter] for impleading the petitioner as an accused was allowed, the present petition under section 482 of the Code has been filed.

(2.) SHORT facts of the case are that Respondents No. 2 to 4 were prosecuted by the Respondent No. 1 for an offence punishable under section 34 of the M. P. Excise Act wherein the allegation against the Respondents No. 2 to 4 was that Respondents No. 2 to 4 were transporting the liquor in a Metador bearing registration No. MP-09/k-3941. Respondents No. 2 to 4 were charge-sheeted by the Respondent No. 1 for an offence punishable under Section 34 of the M. P. Excise Act. In the charge-sheet it was alleged that the liquor was being transported illegally from the distillery and was not being carried through the fixed route as per permit.

(3.) DURING the course of the trial, an application was filed by the Respondent no. 2 - Jasbeersingh under Section 319 of the Code for impleading the petitioner as co-accused because the petitioner was in- charge and was posted at the aforesaid distillery on deputation and has issued the permit and the liquor pouches was being carried on the basis of permit. The application was contested. The application was allowed against which the present petition has been filed.