AMIN Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (in short "CR.P.C.) seeking quashment of FIR bearing crime 184/2018 registered at Police Station- Bhikangaon, District Khargone for the offence punishable under Section 420 of I.P.C. and all other consequential proceedings.

(2.) Brief facts of the case are that on the basis of complaint made by one Subhash Jaiswal, Tehsildar Bhikangaon directed Station House Officer, Police Station- Bhikangaon for registering the FIR against the applicants alleging that they have transferred possession of Government land bearing survey No. 219, 227/1 and 227/2 in place of their own land situated at survey No. 226 to few persons. Accordingly, police registered the FIR at crime No.184/2018 dated 15.05.2018 for offence of cheating under Section 420 of I.P.C.

(3.) Learned counsel for the applicant has submitted that applicants are the lawful owners of the land bearing survey No.226/1/1 situated at Bhikanagaon. In the year 1997 the applicants vide registered sale deed duly transferred the measured parcels of said land to more than 40 persons. Separate maps of all the parcels of land was prepared by concerned Patwari and same annexed with the sale deed while registration. After execution of the sale deed, mutation proceedings was initiated. After due enquiry, necessary mutation was also done by the Tehsildar in favour of the purchasers. Since then, i.e. more than 20 years, purchasers are in settled possession of their respective lands. Subsequently, the purchasers were applied for diversion of their land for residential purpose. Under the supervision of SDO, committee consisting of Revenue Inspector, Tehsildar and Patwaries prepared the report after spot inspection of the land. On the basis of said report and following the prescribed procedure, diversion order was passed by the SDO. The purchasers even got their names mutated in Municipal Council record. Thereafter, the purchasers took approval of Municipal council for raising construction of residential houses on their lands. After getting the layout map approved, purchasers finally completed the construction of their houses on the respective lands and since then they are residing there. It is further submitted that in the year 2014 a frivolous proceeding under Section 248 of M.P. Land Revenue Code was instituted against the applicants and purchasers of the land on the allegation that they have encroached adjacent government land bearing survey Nos.219 and 227. The Tehsildar finding them encroachers passed the adverse order dated 10.07.2014. The aforesaid order of the Tehsildar was challenged in the appeal before the Sub Divisional Officer. The S.D.O. finally on 05.08.2015 set aside the order of the Tehsildar. Thereafter, again under the political influence only in order to prejudice the settled rights of purchasers, frivolous proceeding under Section 248 of M.P. Land Revenue Code on the same facts was instituted and even ex-parte orders were passed against the purchasers. Then purchasers approached before this court under its writ jurisdiction, whereby they were granted interim relief on 09.01.2017. On 15.05.2018 the writ petition was disposed of with the direction to prefer appeal before the SDO. Then the purchasers of the land preferred an appeal against the order of Tehsildar before the Court of SDO, Bhikangaon, which is pending.