RAMKUMAR VISHWAKARMA Vs. STATE OF MP

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Cr.P.C. on 05.09.2018 for quashment of the entire criminal proceedings initiated against the petitioner in S.T. No. 64/2018 pending before the Court of Shri D.K. Mittal, First ASJ, Tikamgarh arising out of Crime No. 07/2018 for the offences punishable under Sections 419, 420, 467, 468 and 471 of IPC.

(2.) As per the prosecution case, the petitioner has personated the documents and received illegal amount of Rs. 5 Lakhs from the complainant/respondent No. 2. The respondent No. 2 filed a complaint before the Lokayukt which was registered as Crime No. 07/2018 against the petitioner and two officers of Lokayukt, Sagar, under Sections 419, 120-B of IPC and Sections 7, 8, 10 of Prevention of Corruption Act. After investigation, it is found that the officers of Lokayukt are not involved in the crime, only the accused/petitioner alone committed the crime by personating himself as Lokayukt Officer and obtained the illegal money from the complainant by cheating him. Therefore, the investigation agency filed the challan No. 35/2018 only against the petitioner under Sections 419, 420, 467, 468 and 471 of IPC before the CJM, Tikamgarh on 02.04.2018 who registered the Criminal Case No. 450/2018 against the petitioner. CJM committed the case to the Court of Sessions First ASJ, Tikamgarh registered ST No. 64/2018 and framed the charges under Sections 419, 420, 467, 468 and 471 of IPC against the petitioner on 02.07.2018.

(3.) The petitioner has challenged the investigation conducted by the Special Police Establishment Lokayukt, Bhopal. As per the petitioner he is not a public servant, therefore, as per Section 7 of the Madhya Pradesh Lokayukt Adhiniyam, police have no powers to arrest and investigate the aforesaid matter. No any charge related to Prevention of Corruption Act is against the petitioner, therefore, the Lokayukt police has no power to investigate the matter. Lokayukt police, Bhopal was not empowered to register offence against the petitioner because he was not a public servant. All proceedings and investigation against the petitioner is without jurisdiction, therefore, whole proceedings are null and void and on the basis of such investigation, the petitioner could not be arrested by the Lokayukt police. Therefore, it is prayed to quash the entire criminal proceedings of the ST No. 64/2018 pending before the First ASJ, Tikamgarh.