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ANAND PATHAK
Uday Shivhare – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. The present petition has been preferred by the petitioners under section 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR dated 6.5.2023 registered at Crime No.247/2023 at Police Station Thatipur, District Gwalior for the offence under sections 34(2) of M.P. Excise Act, 1915 read with section 109 of IPC.
2. Precisely stated facts of the case are that on 6.5.2023, respondent No.1 lodged an FIR that during flag march, an information was received by the Police Station that some persons are illegally selling liquor from the shop which is otherwise closed. It is alleged that certain officers of respondent No.1 went to the spot and found that petitioner No.2 was selling liquor from the shop alleged to be closed. When police directed petitioner No.2 to produce licence, it was informed by petitioner No.2 that there is no licence for the alleged shop, then police seized 27 boxes of Masala Country liquor and 36 boxes of plan country liquor along with cash of Rs.25,100/-. On interrogation, petitioner No.2 referred the name of petitioner No.1 from him he procured the liquor and therefore, petitioner No.1 was also arrayed as accused in the case purportedly under sec
A memo prepared under section 27 of the Evidence Act cannot be the sole basis for prosecution; corroborative evidence is necessary to establish a connection to the offense.
It is trial which determines fate of an accused.
The Magistrate's failure to observe required procedural compliance prior to taking cognizance of offences under the Disaster Management Act invalidates the proceedings.
The High Court may exercise inherent powers under Section 482 Cr.P.C. to quash criminal proceedings if the dispute involves compoundable offences under the Excise Act to prevent the abuse of process ....
The court emphasized the importance of substantial compliance with statutory provisions and highlighted the need for determining factual matters in the trial court.
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