IMPORTANT POINT
Exercise of power u/s 482, Cr.P.C.

ORDER

1. Leave granted.

2. Heard learned counsel on either side.

3. We are disposing of all these fifty four appeals by a common order since the identical issues arise for consideration in all these appeals. For the purpose of disposal of these appeals, we may refer to the facts in Criminal Appeal arising out of SLP (Crl.) No. 3149 of 2010, treating the same as the leading case.

4. The respondent herein, who was functioning as the Deputy Registrar, Khargone, was charge-sheeted for offences punishable under Sections 420, 467, 468, 471 read with Sections 34 and 120B of the Indian Penal Code (for short ‘IPC’) and under Sections 34 and 81 of the Registration Act. The High Court of Madhya Pradesh, Jabalpur Bench, in exercise of its powers conferred under Section 482 of the Code of Criminal Procedure (for short ‘CrPC’), quashed the First Information Reports and the charge-sheets filed against the respondent and also quashed the criminal case No. 2500 of 2007 and other connected matters. In order to properly appreciate the correctness or otherwise of the orders passed by the High Court, it is necessary to refer to few facts.

5. State of Madhya Pradesh had introduced a Special Rehabilitation Package (for short ‘Package’) for those persons who were displaced from their lands, submerged while implementing the Sardar Sarovar Project (for short ‘the Project’). As per the Package, for the Project affected persons/oustees, cash benefit in two installments was provided to enable them to purchase land of their choice. The amount would be deposited in bank accounts of the oustees and the first installment would be released when the oustees submits an affidavit intending to purchase land and the second and final installment would be released when both the seller and the purchaser would get their sale deed registered and submit the proof of such registration of sale deed. For availing of the benefit of that Package it was alleged, various fake sale deeds were got registered in the Registrar’s Office at Khargone. Complaints were raised about the manner in which the benefit of the Package was availed of by persons who were not affected by the Project. Narmada Bachao Andolan also filed a complaint before the Narmada Valley Development Authority regarding registration of fake sale deeds for claiming the benefit of the Package.

6. The Collector, District Khargone, vide its letter dated 23.7.2007, directed the Deputy Collector, Khargone to conduct an inquiry and submit a report. The Deputy Collector submitted the report on 11.9.2007. The operative portion of the report reads as follows:

“Because the detailed enquiry of these sale transactions do not seem to be possible without the police action; therefore registering of the Criminal Case and sending this initial enquiry report to the Narmada Valley Development Authority for the proceedings of sentencing the guilty persons after detailed enquiry and getting the case registered for the police action by the land acquisition officer through the Collector of the concerned district are proposed.”

Further, referring to several sale deeds, it was specifically pointed out that some of the vendees and vendors of the documents were fictitious persons and deeds were executed and registered fraudulently.

7. Several FIRs were registered on the complaints filed by the Rehabilitation Officer of the Project, District Khargone before the Kotwali Police Station. In the FIR No.496 dated 18.9.2007 the report of the Deputy Collector dated 11.9.2007 was specifically referred. The operative portion of the FIR reads as follows:

“12. ……….Reference: - received the letter no. 791 dated 11.9.2007 of the Collector, Khargon for necessary action. Regarding the aforesaid subject, it is said that name – displaced (Vendee) Naniya s/o Hariya r/o Gangli has received amount of Rs.3,39,857/- as the special rehabilitation grant after submitting the registration serial no. A- 1/2575 dated 25/3/2006. The additional Collector, Khargon has foun