Bhagirath vs State of M. P.

This application is filed under Section 482 Cr.P.C. for quashment of First Information Report arising from Crime No.217/2016, Police Station-Maheshwar, District-Khargone, for offences under sections 420, 467, 468 and 471 of IPC.

The relevant facts for disposal of this application are that one Ashwin Joshi resident of Maheshwar, Distt-Khargone, lodged a complaint in respect of one Government land bearing Khasra No.682/5, alleging therein that false entries had been made in the records of the Municipal Council, Maheshwar. The no dues certificate was granted to Reva Bai whose name appeared in the record as owner of the land and after receiving NOC from the council, she sold the land to various persons.

When the complaint was received, the Collector, Khargone directed the Tehsildar, Kasravad to conduct an inquiry. The inquiry followed and it was found that employees of Municipal Council, Maheshwar made false entries in respect of a Government land bearing aforesaid Khasra Number. On receiving the inquiry report, the Collector, Khargone, directed the Chief Municipal Officer to lodge First Information Report against the employees who made false entries as well as against private persons, who purchased the land. In consequence of such direction, the complaint was lodged and Crime No.217/2016 was registered at Police Station- Maheshwar, District-Khargone.

The present applicant was Chief Municipal Officer from 08.09.2008 till 14.04.2012.

This application is filed on the grounds inter alia that the present applicant was posted only on 08.09.2008 while, false entries were made in the record of Municipal Council during the year 2001-02. The same entries continued when the present applicant joined on the post of Chief Municipal Officer. On receiving the application for issuance of no dues certificate from Reva Bai, he obtained report from concerned officers. On receiving such reports and basing his decision on such reports, no objection certificate was issued, and hence, no case was made out against him.

Learned counsel for the State opposed the application.

The case is based on the reports submitted by Tehsildar in which following conclusions were recorded:-

"VERNACULAR MATTER OMITTED"

So far as the present applicant is concerned, it appears that the allegation was that originally the land belong to Bhilat Dev Temple, which is still situated in portion bearing survey No.682/5. In the report it was observed that the land bearing one single survey number belonging to Government could be further divided as was done in this case. From the aforesaid inference, it appears that against the present applicant, it was alleged that he should have been careful enough to further looked into the matter as to how the land which was originally belonged to a temple and was a Government land came to be recorded in the name of Reva Bai, who sold the land to various persons.

After going through the other relevant papers which are part of the charge-sheet, I find that present applicant only issued no objection certificate in respect of payment of property tax. The name of Reva Bai was already recorded in the record of Municipal Council and as such the only lapse on part of the present applicant appears to be that he was not careful enough before issuing the certificate and enquire about the ownership of the persons whose names were found in the record. On the other hand it may also be said that such action was not excepted from him as the certificate was prayed for after lapse of 8-9 years and there was no suspicious circumstances before him indicating further enquiry into the matter. Even otherwise, he only issued no objection certificate in respect of payment of property tax that showed that the Municipal Council was receiving the property tax form the applicant. No certificate in respect of ownership was issued by the present applicant. In this view of the matter it may be said that that no case is made out against the present applicant.

Accordingly, the application is allowed. The FIR arising out of Crime No.217 dated 25.07.2016, Police Station-Mandleshwar, District-Khargone, under sections 420, 467, 468 and 471, so far it relates to the present applicant is quashed. The investigation shall continue in respect of other co-accused.

With observations and directions as aforesaid, the matter stands disposed of.