Madhya Pradesh High CourtSuresh Kumar Pandey vs The State Of Madhya Pradesh on 20 December, 20181                              CRR-4073-2018
                               The High Court Of Madhya Pradesh
                                          CRR-4073-2018
                                    (SURESH KUMAR PANDEY Vs THE STATE OF MADHYA PRADESH)

                      7
                      Jabalpur, Dated : 20-12-2018
                             Shri Ashok Kumar Gupta, Advocate for the applicant.
                             Shri Santosh Yadav, P.L. for the respondent/State.This revision petition has been filed by the applicant for setting-aside
                     the impugned charge dated 04.07.2018 passed by Addl. Session Judge,
                     Pavai, Distt.-Panna M.P. passed in S.T. No. 62/2018 whereby the lower court

                     has framed the charge against the applicant-accused underSection 4(B) (i)of
                     Explosive Substance Act, 1908.Heard on I.A. No. 14357/2018 for staying the further proceedings in
                     S.T. No. 103/2017 pending before Addl. Session Judge, Pavai, Distt.-Panna,
                     M.P.
                             Prosecution case in short is that on 23.12.2016, the Tehsildar of Pawai
                     written a letter to Inspector of Police, Police Station-Pawai by stating that
                     combine team of Revenue Department and Forest Department have
                     conducted a surprise inspection of mining area situated in Village-Kutehariya

                     and during inspection they have found one Sonalika Tractor bearing
                     registration No. MP-21-C/8260 Model DI 730 with compressor machine is
                     standing on government land No. 206 ad measuring 5.81 hectare. The driver
                     of the tractor ran away from the spot and during search the inspection team
                     found that in alleged tractor Super power 90 Emission explosions total 149
                     pieces of detonator with red wire and 42 pieces of detonator with black wire,
                     pressure pipe 53 foot, pressure rod 8 pieces, Jhumra 1 piece, one battery etc.
                     and no document was produced on the spot. The police has arrested him and
                     seized the explosions showing from his possession. Thereafter, the case has
                     been registered under the abovesaid offences against the applicant.Learned counsel for the applicant submits that applicant is innocent
                     and he has been falsely implicated in the case. He is not the owner of that saidDigitally signed by PALLAVI SINHADate: 21/12/2018 18:32:042                           CRR-4073-2018
                     land. He has no relation with this incident, but only due to his presence on the
                     spot, police has arrested him and seized above articles, showing from his
                     possession. He is not the owner or driver of that vehicle. He further submits
                     that the tractor with explosives was brought on the demand of the Gram
                     Panchayat Kadhna for construction of well. The real fact is that the Gram
                     Panchayat Kadhna, Janpad Panchayat Pawai has passed the proposal that for

                     construction of well under MNREGA Scheme and for blasting the stones
                     they engage Gulam Mohammad. The owner of the tractor namely Prem
                     Shankar Kuteha has submitted the documents of the tractor and also the
                     agreement executed with Gulam Mohammad for taking tractor on rent. Gulam
                     Mohammad has taken the tractor on rent to work in the mine of Kallu Shah
                     who has taken the mine on lease for a period of 10 years and order has also
                     been issued by the Collector (mines), Panna.Keeping in view the reasons mentioned in the application and
                     considering arguments made by the learned counsel for the applicant, the
                     same is allowed. Further proceeding in MJC No. 64/2015 pending before
                     Addl. Session Judge, Pawai, Distt.-Panna, M.P. shall remain stayed for a
                     period of three months from today.In the meanwhile, case diary be called for.List the case for final hearing at motion stage in the week
                     commencing 21/01/2019.C.C. as per rules.(RAJENDRA KUMAR SRIVASTAVA)
                                                                          JUDGE


                     PallaviDigitally signed by PALLAVI SINHADate: 21/12/2018 18:32:04