TRILOK Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed the instant petition under Section 482 of Code of Criminal Procedure, 1973 (in short " Cr.P.C .") being aggrieved by the order dated 22/06/2019 passed by 2 nd Additional Sessions Judge, Khargone in criminal revision 35/2019, whereby the learned Additional Sessions Judge has affirmed the order dated 29/03/2019 passed by the Chief Judicial Magistrate, Khargone in Criminal Case No. 4647/2018, by which the trial court has dismissed the application filed by the applicant under Section 437 (6) of Cr.P.C .

(2.) Brief Facts of the case are that on 26/10/2018 FIR bearing Crime No.450/20018 has been registered at Police-Station-Bhikangaon, Khargone against the applicant for commission of offence punishable under Section 34(2) of the IPC on the basis of complaint of the complainant-A.S.I.-Ramesh Panwar. It is alleged that the applicant was apprehended by the police and during search of his vehicle motorcycle bearing registration No. MP-10-MK-4925, police recovered 60 bulk liters of country made liquor. The applicant was having this liquor without any license. After that police made seizure memo and registered an FIR against the applicant under Section 34 (2) of Excise Act bearing crime No.450/2018 at Police Station-Bhikangaon, District- Khargone. After completion of investigation charge-sheet has been filed.

(3.) From the perusal of record of the trial court, in appears that on 27/12/2018 particulars of the offences were read over to the applicant and case was fixed for recording the prosecution evidence on 09/01/2019, till the last date of hearing the prosecution evidence has not concluded within a period of 60 days from the first date fixed for taking evidence, therefore, an application under Section 437(6) was filed before the trial court and same was dismissed on 29/03/2019. Being aggrieved with the aforesaid order applicant has preferred criminal revision No.35/2019 before the Sessions Court, which was also dismissed by the impugned order dated 22/06/2019, hence, instant petition under Section 482 of Cr.P.C. has been filed before this Court.