TRIKAM S/O HADU BHAI MATA, RESIDENT OF VILLAGE MATAWAS. RATNAL, TALUKA ANJA, DISTRICT KUTCH BHUJ, GUJARAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner with a prayer for quashing of FIR No.109/2013 of Police Station Mahajan, District Bikaner qua the petitioner for the offence punishable under Sections 19/54 and 54(A) of the Rajasthan Excise Act, 1950. (for short 'the Act of 1950'). The petitioner has also prayed that proceedings in Criminal Case No. 245/2014 pending in the Court of Additional Chief Judicial Magistrate, Loonkaransar qua the petitioner be quashed. Brief facts of the case are that the police has registered FIR No. 109/2013 at Police Station Mahajan District Bikaner against one Bhanwarlal s/o Gangaram for the offence punishable under Sections 19/54 and 54(A) of the Act of 1950, while alleging that Bhanwarlal was transporting illegal liquor in a truck and huge quantity of illegal liquor has also been recovered by the police. During the course of investigation the police found that the truck, in which accused Bhanwarlal was transporting illegal liquor, is registered in the name of the petitioner. As per the charge-sheet filed by the police, despite serious efforts, the petitioner could not be arrested and, thereafter, the police has filed charge-sheet against accused person Bhanwarlal for the offence punishable under Sections 19/54, 19/57 of the Act of 1950 and under Sections 420, 407, 408, 471 and 120-B of IPC. The police has filed charge-sheet against the petitioner under Sec. 54(A) of the Act of 1950 and under Sections 420, 407, 468, 471 and 120-B of IPC. As the accused Bhanwarlal was already arrested but the petitioner was not arrested, therefore, the charge-sheet against the petitioner was filed under Sec. 299 Crimial P.C. and trial against the petitioner is pending in the Court of ACJM, Loonkaransar.

(2.) At this stage, the petitioner has filed this criminal misc. petition with aforementioned prayers.

(3.) Learned counsel for the petitioner has contended that as a matter of fact the petitioner has already sold the vehicle in which the co accused person Bhanwarlal was found transporting illegal liquor to him by way of agreement to sell and he has disclosed this fact to the police authorities by making a representation but they have not taken into consideration the said representation of the petitioner and illegally filed charge-sheet against him under Sec. 299 Crimial P.C. treating him as absconder. It is further argued that the petitioner has filed a complaint against the accused Bhanwarlal under Sections 420 and 406 of Penal Code in State of Gujarat and the Chief Judicial Magistrate, Bhuj took cognizance against accused Bhanwarlal for the said offences. Learned counsel for the petitioner has, therefore, prayed that the reliefs prayed for in this criminal misc. petition be granted.