LAXMINARAYAN VYAS Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Section 482 of Cr.P.C. for quashing the proceedings of Special Case No.769/2014 pending before the Special Judge (Prevention of Corruption) Act, Indore.

(2.) Brief facts of the case are that Dilip Singh Chouhan made a complaint alleging that Rajendra Jaiswal S/o Ramlal Jaiswal with the connivance of Government Officials on the basis of forged documents and false affidavits has got executed the sale-deeds from Lav-Kush Grah Nirman Sehkari Sanstha in his favour and also in favour of his wife/Smt. Usha Jaiswal and minor daughter/Namrata Jaiswal. On inquiry by EOW, it was found that Rajendra hatched the conspiracy with Manoj Kumar, Vice President, Lav-Kush Grah Nirman Sehkari Sanstha, Laxminarayan, President, Vikas Apartment Grah Nirman Sehkari Sanstha and got executed the sale-deeds in his favour as well as in favour of his wife and minor daughter, on the basis of forged documents and false affidavits. Sale-deed of plot of No.240 belonging to Vikas Apartment Grah Nirman Sehkari Sanstha, Alok Nagar got executed in favour of Rajendra on 31/03/1995 and Sale-deed of plot of No.241 belonging of Vikas Apartment Grah Nirman Sehkari Sanstha got executed in favour of Ku. Namrata on 31/03/1995. Sale-deed of Plot No.3 belonging of Lav-Kush Grah Nirman Sehkari Sanstha got executed in favour of Smt. Usha Jaiswal/wife of Rajendra on 26/07/1994. Sale-deed of Plot No.4 belonging of Lav-Kush Grah Nirman Sehkari Sanstha got executed in favour of Rajendra on 23/08/1995. Sale-deed of plot of No.44 belonging of Lav-Kush Grah Nirman Sehkari Sanstha got executed in favour of Smt. Usha Jaiswal/wife of Rajendra. Sale-deed of area 373 sq.ft. adjacent to the plot of No.44 belonging of Lav-Kush Grah Nirman Sehkari Sanstha got executed in favour of Rajendra on 09/09/1995. Sale-deed of plot of No.5 belonging of Lav-Kush Grah Nirman Sehkari Sanstha got executed in favour of Smt. Usha Jaiswal/wife of Rajendra on 09/09/1995. It was also found that out of the aforesaid plots some plots have been sold to another person. Thus, Manoj Kumar, Upadhakasha of Paliwal Nagar, Laxminarayan, Adhayaksha of Lav-Kush Grah Nirman Sehkari Sanstha have not followed the bye-laws of Co-operative Societies and on the basis of forged documents and false affidavits, sold the plots in favour of Rajendra, Smt. Usha Jaiswal wife of Rajendra and Namrata daughter of Rajendra causing loss of revenue to the Government Exchequer to the tune of Rs.5,21,000/-. On the basis of aforesaid report crime No.42/2012 under Section 420, 120-B of IPC, Section 13 (i) (d), 13 (ii) of Prevention of Corruption Act and under Section 72 of (ii) (i) of M.P. Co-operative Societies Act has been registered. After due investigation the charge shhet has been filed and charges have been framed.

(3.) Learned counsel for the petitioner submits that petitioner is member of Vikas Apartment Grah Nirman Sehkari Sanstha, Indore. The petitioner being the member of the society was entrusted with the duty of registration of plots before the Sub Registrar on behalf of the President of the Society. The President of the society Deepak Mahse has sent a letter No.9/05/01 to Joint Registrar regarding the authorization to the petitioner. It is submitted that petitioner was neither involved in the process of allotment of plot to the members nor in any manner connected with the decision making process in relation to allotment of plot to the members of the society. It is submitted that Board member of the society took the decision as to the allotment of plot was in accordance with the bye-laws of the society. It is submitted that Dilip Chouhan who was neither the member of the society nor in any manner concerned with the affairs of the society lodged a complaint against one of the member of the society Rajendra Jaiswal before the Economic Offence Wing of State of M.P. and on his complaint investigation was carried out by Economic Offence Wing. During investigation Economic Offence Wing sought information in relation to the complaint from the Deputy Commissioner, Co-operative Societies, Indore and Deputy Commissioner, Co-operative Societies, Indore has sent a letter dated 08/05/2012 to the Office In-charge of the society in relation to allotment of plot to Rajendra Jaiswal wherein it was stated that by allotting more than one plot to the members of one family, the responsible officers of the society has committed offence under Section 72 of M.P. Co-operative Societies Act, 1960 and the officer in-charge of the society was directed to send proposal in relation to taking of action against the responsible persons and to take appropriate action for the cancellation of registration of plots which have been illegally allotted. Deputy Commissioner, Co-operative Societies, Indore informed S.P., Economic Offence Wing that the then President of the society Laxmi Narayan Vyas has alloted plot to Rajendra Jaiswal and his family members has committed offence under Section 72 D(1) of M.P. Co- operative Societies Act, 1960. Deputy Commissioner further informed that the then President of the society of Lav-Kush Grah Nirman Sehkari Sanstha petitioner has allotted one plot to the member of the same family and thus committed offence under Section 72-D (i) of M.P. Co-operative Societies Act, 1960. It is submitted that petitioner has prosecuted on the basis of incorrect information given by Deputy Commissioner, Indore. It is submitted that trial Court has no jurisdiction to take cognizance for the commission of offence under Section 72 D (i) of M.P. Co-operative Societies Act, 1960. The petitioner has falsely been projected as President of Vikas Apartment Grah Nirman Sehkari Sanstha. In fact Deepak Mahse was the President of Vikas Apartment Grah Nirman Sehkari Sanstha. The petitioner was neither the member of Lav- Kush Grah Nirman Sehkari Sanstha nor the petitioner has ever applied for such membership of Lav-Kush Grah Nirman Sehkari Sanstha. It is submitted that the sale-deeds executed by the petitioner were of actual guidelines of that area. It is submitted that matter involved the dispute between the member of society and governing body of society and for resolving the same the only Competent Authority is Deputy Registrar or Joint Registrar of Co- operative Society. The FIR has been lodged ignoring the relevant provisions of M.P. Co-operative Societies Act, 1960. It is further submitted that petitioner also does not come within the definition of public servant. Due to false and frivolous allegation by Economic Offence Wing the petitioner has been illegality charged. Thus, the prosecution of the petitioner amounts to abuse of process of Court, hence it is prayed that criminal proceedings pending be quashed.