GAUTAM KALLOO Vs. STATE OF MP

JUDGEMENT

(1.) THIS is a petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing the investigation into Crime No. 686 of 2008 registered at Police Station, Adhartal, Dist. Jabalpur in respect of the offence punishable under Section 188 of the IPC.

(2.) THE FIR leading to registration of the case is, in essence, based on the report (Annexure P-3) submitted by Mr. Pravesh Sharma, Principal Secretary, Farmer Welfare and Agriculture Development, Madhya Pradesh, Bhopal, after a preliminary inquiry into the complaint (Annexure P-2) made against the petitioners and Gopal Bhargawa, the then Minister for Agriculture, for violation of the Model Code of Conduct (for brevity 'the Model Code') by increasing the number of seats available for admission to 2-year Diploma Course on Horticulture at Horticulture Vocational Education Institute in Ranguan, Garhakota Distt. Sagar from 40 to 50.

(3.) ADMITTEDLY the number of seats available for admission were increased only after the election to the State Legislative Assembly was announced. However, such a declaration would not fall within the ambit of subclause (vi) of Clause VII of the Model Code issued by Election Commission of India. The report of inquiry conducted by Dharmendra Nath, IAS (Retd.) under the orders of the Chancellor of the University also contains reference to the reply of petitioner No. 1 that the decision to add seats was taken by the Board. In this view of the matter, none of the petitioners could be treated as violator of the Model Code.