JUDGMENT

1. This writ petition is filed seeking quashing of FIR dated 17/12/2021 (Annexure-P/1) on the ground that it is ex facie, arbitrary and illegal. The act of respondent No.4 along with respondents No.1, 2, 3 and 5 suffers from vice of arbitrariness, mala fide, highhandedness and capricious exercise of power.

2. It is also mentioned that at no point of time, departmental enquiry has been initiated against the petitioner but there is delay in lodging of FIR.

3. A perusal of the FIR reveals that some property as is mentioned in the agreement contained in different survey numbers at Tahsil Ashta, Disttt. Sehore were registered in the year 2008 by the petitioner as power of attorney holder suppressing a fact that said land was, in fact, Government land, received by the allottees on lease (Patta) which was non-transferable.

4. Taking these facts into consideration so also the law laid down by Hon'ble Supreme Court in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others,221 SCC OnLine 315 in para-80 has held as under :

"i) Police has the statutory right and duty under the relevant provisions of the Code of Criminal Procedure contained in Chapter XIV of the