HEMANT YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) This M.Cr.C. has been filed by the petitioner-accused under section 482 of Crimial P.C. 1973 to set aside the offence and other subsequent proceedings registered by the Police Station Morkheda District Chhindwara with regard to crime No. 268/2017 against the petitioner-accused for the offence punishable under Sections 193, 218, 120-B read with Sec. 34 of IPC.

(2.) The case of the prosecution in short is that brother of respondent no. 2 Sunil Kumar died on 04/10/2015 due to accident with tractor bearing No. M.P. 28-AA-8954. Marg intimation 0/2015 was registered in this regard. Investigation was conducted by the petitioner-accused. Petitioner-accused at that time was posted as Sub-Inspector, Police Station-Morkheda. Petitioner-accused imp-leaded tractor No. M.P. 28-AC-0435 in place of tractor No. M.P. 28-AA- 8954, then brother of deceased lodged complaint in this regard to SDOP Sauncer who made investigation and issued letter calling explanation of petitioner-accused. Petitioner-accused filed reply, but SDOP Sauncer submitted report against petitioner-accused then FIR for the offence under Sections 193, 218, 120-B of Penal Code was registered against him.

(3.) Learned counsel for the petitioner-accused submits that petitioner was falsely implicated in this case. There is no cogent and plausible material against the petitioner-accused. Brother of the deceased lodged FIR and disclosed about the tractor no. M.P. 28AA/8954 but during the course of investigation injured witnesses Dilip Kamlesh and Sikin @ Shrichand disclosed about the Tractor No. M.P. 28 AC-0435, therefore, petitioner-accused seized tractor no. M.P. 28AC-0435. SDOP has recorded statement at the time of enquiry. In the investigation the witnesses stated with regard to the incident and the contrary statements were given by the other witnesses although injured eye witnesses namely Shrichand @ Sikin, Dilip Uikey, Kamlesh Maravi and Omprakash disclosed about the tractor no. M.P. 28-AC-0435. Brother of the deceased was not eye witness in the case, so on the basis of material available in the case, petitioner-accused registered the case and seized the vehicle/ tractor no. M.P. 28 AC- 0435. There is no material against the petitioner-accused for giving the false evidence in judicial proceedings, therefore, a case under Sec. 193 of Penal Code is not made out. Apart from that no case is made out under Sec. 218 of Penal Code because there is no material with regard to corruptly making and pronouncing the order by the petitioner/accused. Injured eye witnesses themselves saying in the Court that incident occurred due to negligent driving of driver of tractor No. M.P. 28-AC-0435. So it is prayed that the said offence and other subsequent proceedings be set aside.