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Madhya Pradesh High Court · body

2017 DIGILAW 203 (MP)

Suresh Upadhyay v. State of M. P.

2017-02-08

G.S.AHLUWALIA

body2017
ORDER 1. This petition under section 482 of CrPC has been filed for quashing the FIR in Crime No.301/2016 registered by Police Station, Station Road, District Morena under sections 34 and 42 of M.P. Excise Act. 2. The brief facts of the case are that on 28.7.2016, an information was received that one boy has kept illegal country made liquor in blue coloured bag at Ganjrampur Road for selling purposes. He was caught and on interrogation he disclosed his name as Mukesh Rathore s/o Late Kok Singh Rathore, Aged 30 years, resident of Gajrampur. When the blue coloured bag was searched in front of one witness Rajesh s/o Ramjilal Sharma, then 22 quarters of country made sealed liquor was found. On asking about the licence, no licence could be produced. On interrogation, he further stated that it was given by contractor Suresh Upadhyay for selling. The co-accused was arrested and FIR was registered against the applicant and the co-accused. 3. Learned counsel for the applicant submits that a false FIR has been registered against the applicant. No investigation has been made against the applicant. The applicant is having a valid license issued by the Collector, District Morena to sell the country made liquor and the license is valid from 1.4.2016 to 31.3.2017. The applicant has been implicated on the information of co-accused. The applicant is a valid licensee, hence, no offence has been committed by the applicant as he has not breached any condition of license granted to him. Therefore, the prosecution of the applicant is bad and without any admissible evidence. Hence, prayed that the FIR registered against the applicant be quashed. The learned counsel also relied upon order dated 19.10.2016 passed by coordinate Bench of this Court passed in the case of Gajendra Singh Bhadoria v. State of M.P. [ 2017(1) JLJ 237 =(Miscellaneous Criminal Case No.11870/2016)], and order dated 23.11.2016 passed in the case of Gajendra Singh Bhadoria v. State of M.P. (Miscellaneous Criminal Case No.11873/2016), and submitted that on similar allegations the FIR has been quashed. 4. Learned Public Prosecutor fairly conceded that except the statement of the co-accused recorded under section 27 of Evidence Act, there is no other admissible evidence available against the applicant. 5. 4. Learned Public Prosecutor fairly conceded that except the statement of the co-accused recorded under section 27 of Evidence Act, there is no other admissible evidence available against the applicant. 5. I have considered the submissions of the learned counsel and on perusal of FIR, it appears that accused Mukesh Rathore has been apprehended by the police having found in possession of country made liquor and was not having any license. He had disclosed that liquor has been purchased from the shop of the applicant. 6. On behalf of the applicant, copy of the license has been filed which reveals that license has been granted by the Collector District Morena in favour of the applicant at Morena for retail sale of country made liquor from 1.4.2016 to 31.3.2017. Considering that applicant is having a valid license he has a right to sell the liquor even if it is assumed that co-accused has purchased the liquor seized from her possession, prima facie, it cannot be said that the applicant has committed any offence under section 32 or 42 of M.P. Excise Act as there is no breach of any condition of the license granted in favour of the applicant. In such circumstances, the prosecution of the applicant certainly amount to a breach of process of law. Hence, it is fit case to exercise the inherent powers of this Court. 7. Consequently, this petition is allowed. FIR registered at Crime No. 301/2016 under sections 34 and 42 of M.P. Excise Act at Police Station-Station Road, District-Morena qua applicant is hereby quashed. 8. The petition is disposed of accordingly.