JAI DEVI VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed to invoke the extraordinary jurisdiction of this Court and to quash the direction of respondent No.2 in his order dated 23/02/2017 and also to quash the FIR at Crime No.40/17 dated 01/03/2017 registered at Police Station Betul Bazar, District Betul, wherein offence under Sections 420, 467, 468 and 120-B of IPC has been registered against the petitioner and for quashing the consequential criminal proceedings initiated against the petitioner.

(2.) Filtering the unnecessary details, the facts requisite for disposal of this petition are that, the Commissioner-cum- Arbitrator resolving the dispute of the petitioner and the Land Acquisition Officer, Betul, allegedly the land of the petitioner acquired for construction of National Highway and to settle the compensation. The arbitrator vide order dated 23/02/2017 has recommended to initiate criminal proceeding for fabricating the documents against the petitioner and the Competent Officer setting aside the order dated 02/07/2012, passed by the Competent Officer/SDO, Betul on the ground that in connivance of the petitioner, the said order was passed on the basis of the document which is fabricated.

(3.) Subsequent thereto, FIR has been lodged at Police Station, Betul Bazar, on 01/03/2017 for offence under Sections 420, 467, 468 amd 120-B of IPC against the petitioner and the then SDO, Satendra Agrawal. On behalf of the petitioner, it is claimed that after the registration of FIR, charge-sheet has not been filed. It is claimed that SDO-cum-Competent Officer, Betul and the Project Director, National Highway Authority, India before whom the petitioner submitted a revised claim for compensation of the acquisition of her land by the SDO and Manager of the National Highway Authority, India (NHAI). A committee was constituted in this regard for determination of the amount of the compensation. The Committee including the Manager of NHAI and the Competent Officer visited the acquired land of the petitioner as also the Tyre Manufacturing Factory, the aircraft hanger, tyre shop and other allied structures. After the spot inspection, the committee submitted report and on the basis of such report, it was determined that the factory standing on the acquired land has to be relocated. The SDO-cum-Competent Authority ordered the concerned officer to again visit the spot to find out whether the factory is existing on the acquired land of the petitioner and of the properties standing thereon also to find out the valuation of the land and submit their report. The Officers accordingly made spot inspection and prepared a Panchnama dated 15/12/2011.