RAMESH AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this present application under Section 482 of the Cr.P.C. challenging the order dated 22.09.2015 passed by the learned JMFC, Khetia cognizance has been taken against the applicants for committing an offence under Section 380 and Section 454 of the IPC.

(2.) The brief fact of the case is that one Ramesh Chandra S/o Narayan Khetiya resident of village Malkatar, Tehsil- Pansemal District Barwani has filed complaint against present the applicants under Section 380 and 454 of the IPC on 26.09.2012. Upon receiving the said complaint the learned JMFC, Khetiya has recorded the statement of the complainant and one Rana under Section 200 of the Cr.P.C. After recording the statement under Section 200 of the Cr.P.C. the learned Magistrate has sent the complaint for investigation to Police Pansemal under Section 156(3) of Cr.P.C. The police has submitted the investigation report before this Court on 01.07.2013 and on the basis of the said report the Court below has taken cognizance for committing the offence and issued warrant against the present applicants. Being aggrieved by that order by which cognizance has been taken against the applicants, the applicants have filed the present application for quashment of the bailable warrant.

(3.) The allegations against the present applicants are that, on 20.01.2012 Excise Police Maharashtra, District Dhulia has searched one hut belonging to the complainant Ramesh Chandra. The said hut is situated on encroached area of village Malkatar and seized the illegal liquor of 373 boxes of Royal Star Whisky, 33 boxes Doctor Whisky, 24 boxes Tego Liquor, Doctor Whisky label, Tango Whisky and the same liquor was illegally found in the said hut therefore, a crime was registered against Daru Bandi Adhiniyam 1949 Ka Sudhar Adhiniyam 2005 for committing an offence under Section 65(E) , 81 , 83 and 108 . Excise police has seized the aforesaid illegal liquor and the said seizure was confirmed by one Rana. The complainant thereafter filed the present complaint stating that the respondents have illegally entered into the premises and seized the bottles of mineral water which has been kept in 150 boxes. He is carrying the business of selling the mineral water and at the time of search was conducted, he went to the Pansemal for essential work and he also alleged that the applicants having stolen an amount of Rs.2,12,000/- which has been kept in the drawers of almari and other household articles. On the basis of the said allegations, the complaint was filed and Court below has taken the cognizance of the said offence against the applicants.