ORDER

1. The present petition under Article 226 of the Constitution of India has been filed by the petitioner seeking quashment of the First Information Reports registered by the Economic Offences Wing vide Crime No. 32 of 2015 dated 29.9.2015 for the offence punishable under sections 409, 420, 468, 471 & 120-B of the Indian Penal Code read with sections 13(1)(d) and 13(2) of the Prevention of Corruption Act as well as vide Crime No. 817 of 2019 dated 15.12.2019 for the offence under sections 420, 406 and 34 of the Indian Penal Code.

2. It is the case of the petitioner that he has been elected as a Vice President of the society vide election dated 7.5.2012. The respondent No.5 has also contested the election for the post of President. Being aggrieved by the result of the election, the respondent No.5 filed an election dispute before the Joint Registrar which was transferred to the Court of Deputy Registrar. However, no order could be obtained by the respondent No.5 restraining the newly elected body to function. The respondent No.5 tried to lodge a police complaint before the CSP, MP Nagar, Bhopal alleging certain irregularities in the election of the President. The complaint was examined by the Assistant District Prosecution Officer and a report declining registration of an FIR was submitted to the Superintendent of Police. Thereafter, he lodged a similar complaint with the respondent No.3/Economic Offences Wing, which has taken cognizance in the matter and got registered an FIR against the petitioner at Crime No.32 of 2015 for the offence under sections 409, 420, 468, 471 & 120-B of the Indian Penal Code read with sections 13(1)(d) and 13(2) of the Prevention of Corruption Act.

3 . It is the case of the petitioner that on the same set of facts on which the opinion from the Assistant District Prosecution Officer has already taken and it was opined that no case for registration of an FIR is made out, the Economic Offences Wing has got registered the FIR. Despite lapse of about seven years, no charge-sheet was filed and, therefore, the respondent No.5 preferred a writ petition before this Court being Writ Petition No.8209 of 2016 which was disposed off with a direction to the Chief Secretary to conduct an enquiry and further directing the Economic Offences Wing to complete the investigation within one year. The enquiry was got conducted by the Chief Secretary and showed its concurrence and satisfaction with the proceedings pending before the cooperative Courts and tribunal. It is his case that despite the fact that no material was found against the petitioner and the Chief Secretary has not given any positive finding against the petitioner, the Deputy Registrar entertained the complaint and directed for an enquiry. Thereafter, the petitioner was found to be in conflict with sections 72(D), 72 B(1)(e) and 72 B(1)(f) of the Madhya Pradesh Cooperative Societies Act, 1960 (hereinafter referred to as ‘the Act of 1960') and sanction for prosecution under section 76 of the Act of 1960 was given resulting into registration of an FIR vide Crime No. 817 of 2019 for the offence under sections 420, 406 and 34 of Indian Penal Code. After more than two and half years, no charge-sheet was filed and the petitioner has been harassed at the hands of the police authorities. It is submitted that there is no material against the petitioner with the police authorities showing his involvement in commission of offence. Therefore, the present petition has been filed seeking quashment of the FIRs.

4 . During the course of the arguments, the learned counsel for the petitioner fairly submits that now a charge-sheet has been filed by the police authorities and the matter is now pending trial before the concerning trial Court. But as registration of an FIR against the petitioner itself is not warranted looking to the facts of the case, therefore, continuing with the trial of the case will be a futile exercise and will amount to gross injustice and harassment