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2016 Supreme(MP) 1098

C.V.SIRPURKAR
Narayan Sahu – Appellant
Versus
State Of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Bhupendra Shukla
For the Respondent: P. K. Pandey

ORDER :

Shri Bhupendra Shukla, counsel for the petitioner. Shri P. K. Pandey, Government Advocate for the respondent/State.

2. The case is posted for admission; however, since, all documents necessary for disposal of this miscellaneous criminal case are filed and the respondent is represented, the matter is admitted and heard finally by consent.

3. This miscellaneous criminal case under section 482 of the Code of Criminal Procedure is directed against the order dated 27-4-2016 passed by the Court of II Additional Sessions Judge, Damoh, in Criminal Case No. 10/2016, whereby the order dated 18-1-2016 passed by the Court of Judicial Magistrate First Class, Damoh in Criminal Case No. 2696/2015 rejecting the application filed by accused Narayan Sahu under section 451 of the Code of Criminal Procedure, was affirmed.

4. The facts necessary for disposal of this miscellaneous criminal case may briefly be summarized as hereunder : Petitioner Narayan and co-accused Chhatrapal are facing trial before the Judicial Magistrate First Class, Damoh under section 34(2) of the M.P. Excise Act, 1915. A TVS motorcycle No. MP34-MA-5156 was recovered from the possession of the petitioner/accused. The accused

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