CHANDRA MOHAN DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed for quashment of FIR in Crime No.526/2023 registered at Police Station Suatala, District Narsinghpur for offence under Ss. 420, 34 of IPC.

(2.) It is submitted by counsel for applicant that applicant had purchased an agricultural land bearing survey numbers 225/3, 171/2, 172, 170, 166 and 168/2 situated at Village Chanwarpatha, Tehsil Tendukheda from one Yogendra Singh, who has also been arrayed as an accused. As per the prosecution case, the land was already diverted and in order to save the stamp duty, the sale deed was executed by showing the land in question as an agricultural land. By letter dtd. 20/12/2023, Additional Collector, Narsinghpur directed Tehsildar, Tendukheda to lodge the FIR against applicant and co-accused for causing revenue loss to the State and for financial misappropriation also. Accordingly, FIR in question has been registered. It is submitted that in a separate proceeding Collector of Stamps has held that there was an evasion of stamp duty and accordingly by order dtd. 5/2/2024 passed in Case No.1/B-103/48(B)/2023-24 has also imposed a penalty which has been deposited by applicant. It is further submitted that once there is a specific provision under the Stamp Act for recovery of deficit stamp duty then taking resort to criminal action is unwarranted. Accordingly, it is prayed that FIR is bad in law. It is further submitted that petitioner is a bona fide purchaser and in revenue records it was being reflected as an agricultural land, therefore, under a bona fide belief he has purchased the land in dispute and under these circumstances, prosecution of applicant is bad in law. To buttress his contention, counsel for applicant has relied upon the judgment passed by Supreme Court in the case of Mariam Fasihuddin and another vs. State by Adugodi Police Station and another decided on 22/1/2024 in Criminal Appeal No.335/2024 and the judgment passed by a coordinate Bench of this Court in the case of Smt. Sudha Gupta and others vs. State of M.P. through P.S. Huzrat Kotwali, Gwalior decided on 26/6/2024 in MCRC No.3468/2014 (Gwalior Bench).

(3.) Per contra, the application is vehemently opposed by counsel for respondent.