IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 10 OF JULY, 2023 MISC. CRIMINAL CASE No. 41607 of 2021 BETWEEN:-

MAHESH KUMAR BADOLE S/O SITARAM BADOLEALE, AGED ABOUT 50 YEARS, OCCUPATION: SERVICE 4 JANPAD COLONY (MADHYA PRADESH)

.....APPLICANT ( BY SENIOR ADVOCATE SHRI V.K.JAIN ALONG WITH SHRI AKSHAT PAHADIA – ADVOCATE )

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THR. P.S. BARWANI (MADHYA PRADESH)

.....RESPONDENTS ( BY SHRI PRASHANT JAIN GWALIORY GA )

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This application coming on for admission this day, the court passed the following:

ORDER

Petitioner has filed present petition under section 482 of Cr.P.C invoking the extra-ordinary jurisdiction of this Court for quashment of First Information Report ( in short “FIR”) registered at Crime No.771 / 2020 at Police Station – Badwani for the offences punishable under sections 167, 169, 193, 196, 199, 200, 219, 418, 420, 467, 468, 471, 477-A, 120-B of Indian Penal Code ( in short “IPC”)

2/ Brief facts of the case are that the petitioner was posted as Tehsildar and acting as a quasi-judicial body at Badwani in the year 2012 Signature Not Verified Signed by: AMOL to 2014. An application for mutation was filed in the Court of the petitioner, which was allowed vide order dated 25/01/2014 and had wrongly mutated the land in question bearing survey no. 61/8 situated at village-Segoan. Allegedly present petitioner had without following due process, passed the order of mutation, but the order of mutation was not implemented in the revenue record and Batankan proposed by Patwari was wrongly mentioned in the Khasara. Role of present petitioner and the then Patwari Rewaram Gangawal was found to be suspicious. Later on, when the present petitioner was posted as Sub-Divisional Officer at Badwani in the year 2016-2017, he allowed Diversion Case No. 68 /A- / 016-17 and 69/A-2/2016-17 vide order dated 10/04/2017 and the land was diverted for commercial purpose. Then, the petitioner, without following due procedure, without obtaining NOC and without complying with the provision of section 165 of Madhya Pradesh Land Revenue Code (in short “ MPLRC”), passed both the orders of diversion. Thereafter, on the basis of aforesaid diversions, the District Judge, Badwani in reference case no. 674/2018, vide order dated 04/08/2020, awarded compensation of Rs.2,53,40,394 in favour of Kalabai in place of earlier amount of Rs. 14,39,593/-. Present petitioner and other revenue officer committed fraud on the basis of forged entries in revenue record with malafide intention and passed the erroneous orders. Accordingly, the aforesaid offence has been registered against the present petitioner and the other co-accused persons.

3/ Learned counsel for the petitioner contended that the petitioner, while functioning as Tehsildar was functioning quasi-judicial body and therefore, he is liable to be protected under section 3 of the Judges Protection Act, 1985. Being a public servant, he cannot be prosecuted without aforesaid sanction under section 197 of Cr.P.C for Signature Not Verified Signed by: AMOL any act done by him, which has been nexus/relation with his official duty. The petitioner has followed valid and due procedure of law while mutating the land in the name of Kamlabai on the basis of registered sale deed. Although the order of the Tehsildar was not implemented by Patwari, but he is not liable for the said lapses and did not commit any illegality. In the proceedings of the diversion matter, he duly called a report of revenue inspector and on the basis of said report, he has proposed maximum penalty under section 172(4) of the MPLRC. He had also recorded the statement of Kalabai and after following due procedure of law within the scheduled period, he has passed the order of diversion of the land to commercial purpose vide order dated 10/04/2017. The land was reserved for commercial purpose as per t