ORDER

1. The petitioners have filed the present petition under section 482 of The Criminal Procedure Code for quashing the first information report bearing crime number 141/2012 dated 21.7.2012 registered by Special police establishment office of lokayukt Ujjain and to quash all other consequential proceedings arising out of the same FIR.

2. Before evaluating the merits of the case, the facts of the present case as per FIR, in nutshell are--

(i) The petitioners had purchased a plot bearing Municipal number 96 and 96 admeasuring 1050 square metres or 11298 square feet situated at Lal Bahadur Shastri Marg sanver Road District Ujjain (hereinafter referred as disputed property) from Jitendra bhai son of late Shri Shiv bhai Patel for a consideration of Rs. 1 crore on 11th January 2010. In order to get the same sale as a registered contract, petitioners booked a registration slot at the Sub Registrar Office, District Ujjain M.P by paying a stamp duty of rupees 7.5 lacs, Municipal duty of rupees 1 lacs, Panchayat duty of rupees 1 lacs, registration fee of rupees 37,450/-, Consent fee of rupees 10, total rupees 9,87,500/- was deposited by the petitioners for the registration of sale deed.

(ii) The police while investigating has recorded the statement of sub registrar Mr. Girish Chaurasia who in his statement has stated that, “the petitioner paid the duty of Rs 9,87,500/- to get the sale deed registered but on the contrary when Mr. Girish Chaurasiya did the inspection of the disputed property he found out that the disputed property is of commercial nature and the petitioners while booking the slot has neither calculated the stamp duty properly nor paid the proper stamp duty according to the collector guidelines of year 2009-2010. Mr. Girish Chaurasiya asked petitioners to pay the adequate stamp duty as per the Collector Guidelines but the petitioners refused to pay the extra stamp duty therefore the sale deed was not registered and Mr. Girish Chaurasiya vide his letter No. 21 dated 4.2.2010 brought this matter to the knowledge of Senior District Registrar and Collector of Stamps, District, Ujjain.

(iii) The Office of Senior District Registrar and Collector of Stamps District Ujjain by taking cognizance upon the above mentioned letter has filed a case number 45/V/105-2009-10 against the petitioners and in the same case the Court of Senior District Registrar and Collector of Stamps District Ujjain vide order dated 21.5.2012 it was directed to the petitioner to deposit the amount of Rs. 21,76,250 in the district treasury within next 30 days for the registration of unregistered sale deed.

(iv) The petitioners, being aggrieved by the order dated 21.5.2012 passed by the Court of Senior District Registrar and Collector of Stamps District Ujjain filed an appeal No. 202/2011-12/Appeal before the Court of Divisional Commissioner, Ujjain Division, District Ujjain. The Court of Divisional Commissioner, Ujjain Division, District Ujjain, rejected the said appeal and affirmed the order dated 22.10.2012 passed by the Court of Senior District Registrar and Collector of Stamps, District Ujjain.

(v) The petitioner being aggrieved by the order dated 22.10.2012 passed by the Court of Commissioner Ujjain Division District Ujjain, filed an appeal No. 4100/PBR/2012 before The Revenue Board of Madhya Pradesh at Gwalior, which was rejected vide order dated 25.6.2013 and the Order dated 22.10.2012 passed by the Court of Commissioner Ujjain Division District Ujjain was affirmed. However, the petitioner being aggrieved by the order dated 25/06/2013 passed by the Revenue Board, Gwalior has filed a WP/10530/2013 which is still pending for the final disposal before this Court.

(vi) During the ongoing process of litigation before various quasijudicial Courts, the Petitioner approached his advocate Shri Umesh R Chaurasia to get the true copy of the unregistered sale deed. Deputy registrar Shree M.L. Patel who is the head of the copying section of the District