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ROHIT ARYA, RAJENDRA KUMAR VANI
Vikas Rajoria – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. This petition has been filed under section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR bearing crime No.138 of 2023 registered at Special Police Establishment, Lokayukta, for the offences punishable under sections 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988 & Amendment Act, 2018 and section 120-B of IPC.
2. The facts giving rise to this M.Cr.C. in brief are that a scheme was floated by the State of Madhya Pradesh for plantation of Jatropha on both the sides of Chambal canal at District Sheopur. The scheme was launched under MNREGA in the year 2006. The work included procurement of saplings, plantation and supervision of the saplings, planted for a period of three years from 2006 to 2009. Petitioner Vikas Rajoria joined as Sub-Divisional Officer in Water Resources Department, Sheopur in March, 2007. The Petitioner among other works was entrusted with the work of rehabilitation and modernization of Chambal canal under the aforesaid scheme.
2.1 A complaint regarding Jatropha plantation work was lodged by complainant Tulsi Narayan Meena in the office of Lokayukta on the allegations that fund of Rs.3.45 crores has been misappropriated and embez
The power to quash a complaint/FIR under Section 482 of the Cr.P.C. should be exercised sparingly and is an exception rather than an ordinary rule.
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The power to quash a criminal proceeding should be exercised sparingly and with caution, and there must be factual supporting material in the FIR to fasten the accused with criminal liability.
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