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2021 Supreme(MP) 805

RAJEEV KUMAR SHRIVASTAVA
MAKHAN PRAJAPATI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : Tapendra Sharma
For Respondent: Nitin Goyal

ORDER : – This petition is preferred under section 482 of Criminal Procedure Code arising out of the order dated 28-11-2020 passed by Second Additional Sessions Judge, Karera, District Shivpuri in Criminal Revision No. 73/2020, confirming the order dated 9-9-2020 passed by Judicial Magistrate First Class (JMFC), Karera District Shivpuri in Case No. MJCR/63/2020, whereby the application filed by the petitioner under section 457 of Criminal Procedure Code for releasing the vehicle, has been rejected.

2. The facts, in nutshell, are that one case was registered against the present petitioner under section 379 of Indian Penal Code and sections 4(1) and 21(1) of Mines and Minerals Act and vehicle bearing Registration No. MP33-HA-3600 has been seized. The revision preferred against the order dated 28-11-2020 passed by JMFC Karera District Shivpuri has been rejected by order dated 9-9-2020 in Criminal Revision No. 73/2020.

3. Learned counsel for the petitioner has contended that no prima facie case is made out. The petitioner is a registered owner of the vehicle in question and having all the relevant documents of the seized vehicle including permit of mining issued by the Director of Geol

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