SANJEEV SAXENA Vs. STATE OF M P

JUDGEMENT

(1.) Quashment of First Information Report leading to registration of Crime No. 20/2009 at Economic Offence Wing Bureau, Bhopal dated 24.7.2009 is being sought vide this petition under Section 482 of the Criminal Procedure Code, 1973. The F.I.R in turn relates to registration of offence punishable under Sections 420, 120 B, Indian Penal Code and Sections 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 against the petitioner and four other persons, viz., Mohd. Abid Khan, the then President Betwa Grin Nirman Sahkari Sanstha, Bhopal, R.B.S. Yadav, Recovery Officer & Additional Tahsildar, Cooperative Societies, Bhopal, the then Joint Registrar, Cooperative Societies, Bhopal and the then Deputy Registrar, Cooperative Societies, Bhopal. The F.I.R is in the following term:

(2.) The petitioner, President of the Society, viz., Betwa Grih Nirman Sahkari Sanstha, Bhopal since 2006 (21.1.2006) (it is stated that in fresh elections held on 5.12.2012 some other person has been elected as President), challenges the registration of offence on the ground that he has been falsely implicated in the matter and that he has no role to play in respect of the transactions in respect of the land bearing Khasra No. 78/1 admeasuring 54 acres situated at Village Chandanpura, Tahsil Huzur, district Bhopal. It is contended that in respect of land in question an agreement was entered into between Betwa Grih Nirman Sahkari Sanstha, Bhopal through its President Mohd. Abid with one Mohd. Azam Qureshi in respect of land in question on 16.8.1988 for the consideration for Rs.30,000/ per acre and out of total amount of Rs.16,20,000 (30,000 x 54 = 16,20,000) Rs.25,000 was paid as initial payment. The remaining amount was agreed to be paid after necessary permission from the competent authority. It is contended that some controversy arose between Mohd Azam Qureshi and the Society; wherefor, Society preferred a dispute before the Dy. Registrar Cooperative Societies, Bhopal under Section 64 of the M.P. Cooperative Societies Act, 1960 (referred to as Act), forming subject matter of Case No. E7/2000.

(3.) That, Deputy Registrar vide order dated 8.6.2001 answered the dispute in favour of Cooperative Societies and directed Mohd. Azam to execute the saledeed in favour of Cooperative Society. In an appeal preferred against said order by Mohd. Azam Qureshi the order passed by Deputy Registrar was confirmed by the Joint Registrar vide order dated 9.1.2002. That, in furtherance to these orders, saledeed was executed by Mohd. Azam Qureshi in favour of Betwa Grih Nirman Sahkari Sanstha, Bhopal on 10 th January 2002. It is contended that the order dated 9.1.2002 passed by Joint Registrar, Cooperative Societies, Bhopal was simultaneously subjected to challenge before the M.P. State Cooperative Tribunal, Bhopal vide Second Appeal No. 58/2002.