MPHD. YOUSUF KAMAAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Sec. 482 of Code of Criminal Procedure, 1973 (hereinafter referred for short the CRPC) has been filed for quashment of FIR bearing No. 104/2019 registered at Special Police Establishment, Lokayukt under Sec. 7 (c) of the Prevention of Corruption Act, 1988 (hereinafter for short referred "the PC Act") and Sec. 420 r/w 120- B of Indian Penal Code (hereinafter for short referred "the IPC") and subsequent proceedings thereto qua the applicant.

(2.) Brief facts as having emerged from the impugned FIR dtd. 25/5/2019 and investigation thereon are that Madhya Pradesh Government enacted Madhya Pradesh Lok Seva Guarantee Adhiniyam 2010 and on the basis of the said Act, the Revenue Department of Madhya Pradesh issued Circular bearing No. 909/2011/Lo.Se.Pr./61 dtd. 16/12/2011 for supplying copy of Khasra and Khatoni to the stake holders. By the above circular, on copying application fee of Rs.5.00 was to be levied and affixed in the form of tickets and tickets of Rs.10.00 for first page of the copy and on the subsequent page(s), tickets of Rs.5.00 were to be affixed. The aforesaid circular dtd. 16/12/2011 was superseded by Circular dtd. 28/1/201.

(3.) A complaint by Shri Anand Mohan Vyas, President, AntiCorruption Sangthan, Indore was made to Superintendent of Police, Special Police Establishment, Indore to the effect that Head Copyist Narendra Narvariya and the then Patwari, Smt. Sapna Rathore conspiring with Tehsildar and other officials have misused their official capacity in the year 2013-14 by supplying certified copies of Khasra and Khatoni from one registration number to so many persons without affixing proper stamp duty and these copies were distributed by Head Copyist Narendra Narvariya by charging Rs.400.00 to Rs.500.00 from the applicants, thereby causing huge revenue loss to the government. This complaint was assigned to Deputy Superintendent of Police Daulat Singh Gurjar for conducting preliminary enquiry.