SHASHIDHA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 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 under Section 482 Cr.P.C.

(2.) 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 under Section 482 Cr.P.C.

(3.) 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 under Section 482 Cr.P.C. should not be exercised for quashing FIR and charge sheet. Accordingly, Shri Chaturvedi prays for dismissal of this petition under Section 482 Cr.P.C.