VIKAS RAJORIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing the FIR bearing crime No.138 of 2023 registered at Special Police Establishment, Lokayukta, for the offences punishable under Ss. 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 & Amendment Act, 2018 and Sec. 120-B of IPC.

(2.) The facts giving rise to this M.Cr.C. in brief are that a scheme was floated by the State of Madhya Pradesh for plantation of Jatropha on both the sides of Chambal canal at District Sheopur. The scheme was launched under MNREGA in the year 2006. The work included procurement of saplings, plantation and supervision of the saplings, planted for a period of three years from 2006 to 2009. Petitioner Vikas Rajoria joined as Sub-Divisional Officer in Water Resources Department, Sheopur in March, 2007. The Petitioner among other works was entrusted with the work of rehabilitation and modernization of Chambal canal under the aforesaid scheme.

(3.) It is submitted by learned counsel for the petitioner that on the plain reading of the FIR it becomes axiomatic that no cognizable offence is found as no independent enquiry or investigation was ever conducted by the M.P.S.P.E. FIR is nothing but mere reproduction of the complaint submitted by the complainant, charges framed, the findings recorded in departmental enquiry, disagreement note of Rural Development Department and reproduction of 14 points picked up by the investigating officer from complaint No.314/2013 which was instituted and closed by Lokayukt. It is also submitted that FIR suffers from suppression of material facts regarding enquiry/complaint No.314/13.