IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 9 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 3416 of 2025 SHIVANAND @ PAPPU PANDEY Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Bhupendra Kumar Shukla - Advocate for the petitioner.

Shri Amit Garg - P.L. for the respondent/State.

ORDER This petition has been filed invoking inherent powers provided to the High Court under Section 482 of Cr.P.C/528 of BNSS for quashing of FIR registered against the petitioner vide Crime No.576/2024 at P.S. Rampur Naikin, District Sidhi (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act and also for further proceedings initiated in pursuance thereto. The quashing of FIR and further proceedings is being prayed on the ground that no offence is made out against the petitioner as no material is available with the prosecution connecting the present petitioner with the alleged crime. The present petitioner has been meticulously added in the crime because it is clear from the available material and also from the language used in the FIR.

2. As per the facts of the case, the story narrated by the prosecution in short is that Sub Inspector Ganga Singh Marko, Chowki Khadi, P.S. Rampur Naikin has received information from the informer regarding the petitioner that petitioner is selling illicit country made liquor in Village Badesar. After conducting raid by the Police over the spot, as per the police authority the Police has seized 28 bottles of beer and 145 bottles of country made plain liquor. The Police recorded the memorandum statement of the petitioner where he disclosed that he purchased the said liquor from one Awdhesh @ Lalu Singh. Thereafter, the Police has registered a named FIR against the present petitioner and Awdhesh @ Lalu Singh vide Crime No.576/2024 dated 25.06.2024. During the course of investigation Police has recorded the statement of some witnesses and on the basis of statement police has removed the name of co-accused Awdhesh @ Lalu Singh from the charge sheet and filed the charge against the present petitioner on 04.12.2024. Offence under Section 34(2) of the M.P. Excise Act was registered and charge sheet was filed before the learned JMFC Rampur Naikin, District Sidhi. Impugned FIR dated 25.06.2024 and the entire proceedings initiated under Crime No.526/2024 is under challenge before this Court.

3. Learned counsel for the petitioner has submitted that impugned FIR dated 25.06.2024 is illegal, arbitrary and against the process of law. Therefore, the FIR as well as all the proceedings in pursuant thereto is liable to be quashed by this Court. It is further submitted that Police has raided over the spot which is shown by the Police authority as Badesar Police Chowki Khadi and as per the prosecution two witnesses namely Sonu Saket and Rahul Singh were present on the spot. As per the Police, in the said place the Police has seized 28 bottles of beer quantity of 180 ml and 145 bottle country made plain liquor in the presence of Sonu Saket and Rahul Singh. As per the statement of independent witnesses Police has seized total 56 litre 300 ml, but as per the statement of independent witnesses only 28 bottles of beer quantity 650 ml were seized and has seized total quantity of beer is 18 litre 200 ml and the quantity of plain liquor is multiplied with 180 ml the total quantity of plain litre is 26 liter 100 ml. Therefore, the total quantity of both the material is 44.300 litre, but the Police has created false seizure only to attract the offence under Section 34(2) of M.P. Excise Act by increasing the quantity of seizure material. Therefore, the impugned FIR is liable to be set aside. It is further submitted that prima-facie an offence under Section 34(2) of M.P. Excise Act is not attributed against the petitioner on the ground that seizure material shown by the Police authority is indeed less than 50 litre. Therefore, the offence of 34(2) of M.P. Excise Act does not