VISHRAM SINGH KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under Section 482 of Cr.P.C., is preferred by the petitioner who is working as Patwari for quashing the FIR registered at Crime No.176/2012 for the offence punishable under Sections 420, 467 and 468 of IPC, by the Police Narwar, District Shivpuri.

(2.) LEARNED counsel for the petitioner submits that the petitioner has neither prepared any false document nor made any false entry in the revenue record but has been falsely implicated in the instant case. The FIR was registered under the orders of the Tehsildar passed in the revenue proceedings in which the petitioner has not been given the opportunity of being heard. It is further submitted that at the relevant time, the petitioner was not posted at the said Halka and joined there only on 09/03/11. On the basis of the complaint of Dadhar Singh, the Tehsildar had initiated the enquiry who (Dadhar Singh) has submitted an affidavit dated 03/01/13 stating therein that he has no direct or indirect relation with the petitioner, the Reader of Tehsildar got his signatures on blank papers and he has not given any bribe to the petitioner. Learned counsel further submitted that the alleged mutation was made in the revenue record on the basis of a direction issued by the Tehsildar. Apart from that, even if the mutation has taken place, the same can be challenged in the Revenue Court, therefore, the petitioner cannot be made liable for the criminal proceedings. In this regard, he has placed reliance on an order dated 07/09/2013 passed by a Single Bench of this Court in Mukesh Tiwari Vs. The State of M.P., Mis. Cr. Case No.5161/10.

(3.) IT is transpired from the record that there was a complaint against the petitioner regarding the manipulation of the revenue record and cheating. The complaint got enquired by the Tehsildar, Narwar, District Shivpuri. On being found proved the complaint, the Tehsildar has lodged a report against the petitioner which was registered by the Police Station, Narwar, District Shivpuri at Crime No.176/12 for the offence punishable under Sections 420, 467 and 468 of IPC., which reads as under: ...[VERNACULAR TEXT OMMITED]...