THE HIGH COURT OF MADHYA PRADESH MCRC-3399-2018 (MUKESH SINGH Vs THE STATE OF MADHYA PRADESH THR)

Gwalior, Dated : 09-03-2018 Shri D.S. Tomar, learned counsel for the applicant.

Shri Vivek Mishra, learned Public Prosecutor, for the respondent/State.

Case Diary is perused. s Learned counsel for the parties are heard.

This is first application under Section 439a of CrPC by applicant Mukesh Singh, S/o Virendra Singh Tomar, against whom Crime No.285/2016 has registered at Police Sta tion Porsa in relation to the offences punishable under Sections y279, 337, 338, 420, 465, 468, 471 of IPC and 3/181, 146/194, 39/192 of Motor Vehicles Act. Applicant is in custody since 21.12.201a7.

It is applicant's contention that he is innocent and he was neither the owner of the motor cycle nor was responsible for the upkeep of the motorcycle. He has drawn attention towards the statements of Dharmveer Sharma, who has mentioned that he is owner of the motorcycle MP06HA3380. His brother Rakesh Sharma is engaged in the work of digging of tubewell and applicant Mukesh Singh works as a m istry. Mukesh Singh had taken said motorcycle on 01.09.2017 without informing anybody.

i He has also drawn attention to the sta