Shashidha Sharma vs The State of Madhya Pradesh

Seeking quashment of charge sheet and FIR registered by the Special Police Establishment Lokayukt registering offences against the applicants in Crime No. 160/2012 for offences under Sections 420, 467, 468, 471, 409, 120-B of IPC read with Section 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988, this petition has been filed u/s 482 Cr.P.C.

Applicants were granted certain work by the Panchayat in question for the propose of conducting earth work and various other ancillary civil work on the Deotalab-Tamari Road. The work was completed in pursuance to the agreement entered into on 1.2.2012 and thereafter certain complaints were received with regard to non construction of road in accordance to the agreement and based on the same the F.I.R. was registered, the crime was investigated and the charge sheet has been framed for offences as indicated herein above, which has been filed in the Court of competent jurisdiction on 29.4.2014. Challenging the charge sheet and registration of the F.I.R. this petition has been filed u/s 482 Cr.P.C.

Learned counsel for the applicants invited our attention to the report submitted by the Executive Engineer of Rural Engineering Department, Rewa Annexure A/7 dated 12.9.2012 and argued that with regard to the complaint in question, investigation and spot inspection was conducted by the Executive Engineer, Panchnama at page 48 prepared and it was found that there is no irregularity, it is tried to be argued that charge sheet and FIR should be quashed. Further referring to measurement Annexure A/2 learned counsel tried to emphasize that the measurement book has been disbelieved on the ground of manipulation in the same, whereas, there is no manipulation, learned counsel tried to emphasize that no offence is made out.

Shri Satish Chaturvedi, learned counsel appearing for respondent No. 2 refuted the aforesaid and argued that even though the Executive Engineer had submitted a report but on investigation and on going through the record it was found that there was manipulation in the record, even the measurement book was manipulated, and finding the same charge sheet has been filed. Accordingly, he argues that at this stage when only a charge sheet has been filed and when certain manipulation on the record is found, power available to this Court u/s 482 Cr.P.C. should not be exercised for quashing FIR and charge sheet. Accordingly, Shri Chaturvedi prays for dismissal of this petition u/s 482 Cr.P.C.

Having heard learned counsel for the parties and on perusal of the record, it is clear that applicants wants this Court to accept the report of Executive Engineer Annexure A/7 and the measurement book as correct and thereafter discharge them by quashing of the proceedings. However, in the investigation the Competent authority has found that spot inspection report A/7 seems to be no correct and it was also found that in other documents certain manipulation has been done. Based on the same as prosecution has been lodged, that being so, we see no reason to interfere into this petition exercising extra ordinary jurisdiction in a proceeding u/s 482 Cr.P.C.

The powers u/s 482 Cr.P.C. can only be exercised if on the bare perusal of the material available on record and without any further investigation and enquiry, we can come to the conclusion that prosecution is unsustainable. Present is not a case falling in the aforesaid category. In the present case, report submitted and measurement book have been found to be manipulated and therefore, it is a case where it is not feasible for this Court to interfere in the proceeding.

Accordingly, finding no ground, petition is dismissed.