AVDHESH RAGHUVANSHI Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of Cr. PC seeking quashment of ST. No. 235/11 pending before the XIII Additional District and Sessions Judge, Bhopal for the offence punishable under Sections 420, 467, 468, 471 read with Section 120 -of IPC. The brief facts of the case are that complainant-Mukesh Lala forwarded a complaint to the Deputy Commissioner, Co-operative making allegation that Shri Ganesh Grih Nirman Sahkari Sanstha Maryadit, Bhopal (hereinafter shall be referred as "Society") has illegally allotted Plot No. 127 to some other person; however, the said plot was allotted to complainant on 29-10-1998 by Lottery System.

(2.) An enquiry was conducted by Shri Pramod Rai, Investigation Officer, Co-operative Bhopal and it was found in enquiry report dated 26-9-2009 that after allotment of the said plot No. 127 to the complainant in the year 1998, the complainant has not deposited the maintenance charges, Bhoo Bhatak and further did not complete the registration process, which was necessary for the complete allotment of the said plot to the complainant. On the basis of said deficiencies mentioned above, the right of the complainant to receive the plot was taken away in year 2000 after giving due notice and even after publication of public notice in the newspaper and after giving him the complainant several notices for cancellation of allotment of plot in accordance with the bye-laws of the society. The report of the Investigating Officer, Co-operative Bhopal has been filed as Annexure A-1 with the petition. Thereafter, the Deputy Commissioner, Co-operative, forwarded a letter in accordance with the report on 13-10-2009 to the Superintendent of Police, Bhopal by letter dated 13-10-2009 on the basis of said letter, an FIR has been registered against the Prakash Chand Jain and Board of Directors of the society, under Sections 420, 467, 468, 471 read with Section 120-B of IPC and thereafter on the basis of the FIR investigation was conducted and final report dated 23-11-2000 was filed before the Competent Court. Copy of the challan and order-sheet of the Court have been filed as Annexures A-3 and A-4 with the petition respectively.

(3.) The petitioner has challenged the FIR and final report and the proceedings before the learned Trial Court on the ground that he is a Public Servant. therefore, no action under the provisions of Cr. PC. can be initiated against him without prior sanction against him as enumerated under Section 197 of Cr. PC.