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Dinesh Kumar Mathur v. The State of Madhya Pradesh

Criminal Appeal · 2025 INSC 16Decided 2 Jan 2025
Criminal Appeal No. 4915 of 2024 (arising out of SLP (Crl.) No. 5248/2017)
Justice C.T. Ravikumar · Justice Sanjay Karol

Background

The appellant, an official of the Madhya Pradesh Housing Board, was chargesheeted along with four others for forgery and cheating after a house allotted to one person was allegedly transferred using a forged power of attorney to a different buyer. The appellant's role was that, as a Housing Board official, he executed the sale deed relying on the power of attorney presented to him without independently verifying whether it was genuine. He sought to have the case against him quashed, arguing his actions were part of his official duties and protected by law, but the Madhya Pradesh High Court refused, saying the question of his involvement needed to go to trial.

Decision Breakdown

The Supreme Court held that executing the sale deed was directly connected to the appellant's official duties as a Housing Board employee, and such acts are protected under Section 83 of the Madhya Pradesh Housing Board Act (similar to the protection given to public servants under Section 197 Cr.P.C.) unless there is real evidence of dishonest intent. Reviewing the chargesheet, the Court found no material suggesting the appellant knew the power of attorney was forged or that he acted with any intention to cheat or conspire: mere allegations of "connivance" without supporting facts are not enough to sustain charges of cheating, forgery, or criminal conspiracy. Applying the well-established Bhajan Lal guidelines for when criminal proceedings can be quashed, the Court found this was a case where continuing the prosecution would serve no purpose, and it quashed the FIR and all related proceedings against him.

Lesson Learnt

A public official cannot be prosecuted merely for performing a routine part of their job (like processing paperwork presented to them) unless there is concrete evidence they knew something was fraudulent or intended to cheat: vague allegations of "connivance" are not a substitute for actual proof, and officials acting in good faith within their duties are entitled to protection from harassment through prosecution.

Official source (sci.gov.in)View Judgment (PDF)

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