IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 30 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 10799 of 2021 ASHOK SINGH KUSHWAH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Navnidhi Parharya - Advocate for the petitioner.

Shri APS Tomar - Public Prosecutor for the State.

Shri Divakar Vyas - Advocate for the respondent No.2.

ORDER The present petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner against the order dated 18.01.2021 passed by the learned Additional Sessions Judge, Guna, in Criminal Revision No. 06/2018, whereby the order dated 12.04.2017 passed by the learned Judicial Magistrate First Class, Chachoda, District Guna, in Criminal Case No. 195/2017 (MJC), framing charges against the petitioner for the offence punishable under Section 409 of the Indian Penal Code, 1860 was affirmed.

Short facts of the case are that the petitioner, while serving as an Assistant Sub-Inspector (A.S.I.) at Police Station Chachoda, was the Investigating Officer in Crime No.347/2012, registered under Sections 279 and 337 of the Indian Penal Code. During the course of investigation, he Signature Not Verified seized a Bajaj Discover motorcycle bearing registration No.MP-04-MF-1522, which was found at the accident site.

A mechanical inspection of the vehicle was conducted, and the seizure memo indicated that the driver had no valid documents and had allegedly purchased the vehicle from one Gopal (respondent No.2). The vehicle was stated to have been seized from Golu alias Gulab Singh, son of Karan Singh Rajpoot.

Subsequently, during the pendency of the investigation, the petitioner was transferred from Police Station Chachoda to another posting. He handed over the case diary and the seized property to Police Station Chachoda. Thereafter, on the application of the complainant, the learned trial court passed an order directing that the seized motorcycle be released to him on supurdginama (interim custody). However, the said order was not complied with, and the motorcycle was not handed over by the police station.

The Station House Officer, Police Station Chachoda, submitted a written report to the Trial Court to the effect that the motorcycle in question was not available at the police station and no entry of the vehicle was found in the station’s seizure register. On this basis, complainant had filed a complaint before the trial Court alleging that the petitioner, while discharging his official duties, had committed criminal breach of trust by misappropriating the seized vehicle, constituting an offence punishable under Section 409 of the Indian Penal Code. The trial court, after conducting a preliminary inquiry under Chapter XV of the Code of Criminal Procedure, found prima facie material against the petitioner and took cognizance of the Signature Not Verified offence under Section 409 IPC vide order dated 12.04.2017. Aggrieved by the said order, the petitioner preferred the revision petition before the learned Additional Sessions Judge, Guna which was also dismissed vide order dated 18.01.2021. Hence, the present petition.

Learned counsel for the petitioner has submitted before this Court that the impugned orders dated 12.04.2017 passed by the learned JMFC, Chachoda, and 18.01.2021 passed by the learned Additional Sessions Judge, Guna, are wholly illegal, arbitrary, and contrary to the settled principles of criminal jurisprudence, as they have failed to apply their judicial mind to the facts and evidence available on record and have mechanically taken and upheld cognizance against the petitioner under Section 409 of the Indian Penal Code.

It is further submitted that in Criminal Case No. 623/2012 decided on

25.06.2015, while acquitting Respondent No.2, the learned trial court specifically recorded in paragraph 14 of the judgment that the seized motorcycle had already been released on supurdginama. The Court clearly held that “(cid:1)करण