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Madhya Pradesh High Court · body

2016 DIGILAW 938 (MP)

Gajendra Singh Bhadoriya v. State Of M. P.

2016-10-19

D.K.PALIWAL

body2016
ORDER : This petition has been filed under section 482 of Criminal Procedure Code for quashing the FIR at Crime No. 160/2016 registered under sections 34, 42 of M. P. Excise Act at Police Station-Daboh, District-Bhind. 2. Brief facts of the case are that on receipt of information by the SHO of Police Station Daboh that one person is transporting illicit liquor, he reached the spot with police force, one person was found who started running after seeing the police. He was apprehended by the police and he was carrying a bag which was checked, 20 quarter of country made liquor have been found. He was not having license, he disclosed that he had purchased the aforesaid liquor from the Teka of Gajendra Singh Bhadoria at Daboh, District Bhind. He was arrested and the FIR has been registered against Kallu Rathore and Gajendra Singh Bhadoria. 3. Learned counsel for the petitioner submits that a false FIR has been registered against the petitioner. No investigation has been made against the petitioner. The petitioner is having a valid license issued by the Collector Daboh, District Bhind, to sell the country made liquor, the license is from 1-4-2016 to 31-3-2017. The petitioner has been implicated on the information of co-accused. 4. The petitioner is a valid licensee, hence, no offence has been committed by the petitioner as he has not breached any condition of license granted to him. Therefore, the prosecution of the petitioner tantamount to process. Hence, prayed that the FIR registered against the petitioner be quashed. 5. Learned Panel Lawyer is on the other hand submitted that prima facie there is material to indicate that petitioner has committed the offence. 6. I have considered the submissions of the learned counsel and on perusal of (Annexure P/1) FIR, it appears that co-accused-Kallu Rathore has been apprehended by the police having found in possession of country made liquor and not having any license. He discloses that same has been purchased from the Teka of Gajendra Singh Bhadoria at Daboh District Bhind. 7. On behalf of the petitioner, copy of the license has been filed which reveals that license has been granted by the Collector District Bhind for retail sell of country made liquor from 1-4-2016 to 31-3-2017 in favour of the petitioner at Daboh. 8. 7. On behalf of the petitioner, copy of the license has been filed which reveals that license has been granted by the Collector District Bhind for retail sell of country made liquor from 1-4-2016 to 31-3-2017 in favour of the petitioner at Daboh. 8. Considering that petitioner is having a valid license he has right to sell the liquor even if it is assumed that co-accused has purchased the liquor seized from his possession. Prima facie, it cannot be said that the petitioner has committed any offence under sections 34 or 42 of M. P. Excise Act as there is no breach of any condition of the license granted in favour of the petitioner. 9. In such circumstances, the prosecution of the petitioner certainly amount to a breach of process of law. Hence, it is fit case to exercise the inherent powers of this Court. 10. Consequently, this petition is allowed. FIR registered at Crime No. 160/2016 under sections 34, 42 of M. P. Excise Act at Police Station-Daboh, District-Bhind is hereby quashed. 11. The petition is disposed of accordingly.