PAWAN DABHADE Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Sec. 482 of of Code of Criminal Procedure, 1973 (for brevity 'Cr.P.C') praying for quashment of F.I.R relating to crime No.40/2016, registered at Police-Station Dindayal Nagar, Ratlam, with regard to offences under Sec. 419, 420, 467, 468, 471 r/w Sec. 120-B of IPC, charge sheet and consequent criminal proceedings in S.T. No.102/2016, pending before the Court of III Additional Sessions Judge, Ratlam.

(2.) As per prosecution story, complainant/ Premlata Kothari submitted a written complaint on 19/1/2016 at Police Station D.D. Nagar, Ratlam that Lalit, Ashok, Ramesh Sharma and the officers and employees of M.P. Housing Board have illegally sold Plot No. D-196, Dindayal Nagar, Ratlam by way of conspiracy impersonating original owner Lalit. According to the complainant, she was in need of a plot for construction of a house and he met Ramesh Sharma and Ashok Dayaya who shown him Plot No. D-196, Dindayal Nagar, and told that the owner/allottee Lalit is interested in selling the said plot. She finalized the deal in Rs.6,61,000.00. On the date of registry, she asked about the owner/Lalit then the Officer of M.P. Housing Board i.e. Pawan Kumar and employee Manohar Sharma told her that they have already completed all the formalities in respect of Lalit. The employees and officers of the Housing Board duly identified Lalit and made the complainant belief that she is purchasing the plot from the real allottee. The police registered the case u/s. 419, 467, 468, 471 and 120-B of of the IPC against the accused persons. The investigation revealed that the present Suhas Chitale working as Tracer has identified the impostor Lalit from her photographs and for which Nanalal gave him Rs.500.00.

(3.) The applicant was also working as Estate Manager and he also believed on the verification report given by Suhas Chitale. He was at the most negligent in discharging the duties as he did not cross-verify the report. There is no material on record that he intentionally or by way of any conspiracy he mutated the name in the record of the Housing Board. Therefore, the petition filed by applicant deserves to be allowed.