JAI DEO GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on admission.

(2.) The facts as pleaded are that petitioner No.1 Jai Deo Gupta along with other persons formed a Mikki Memorial Trust. A public trust registered under Chhattisgarh Public Trust Act, 1951 with an objective to provide medical relief to the poor persons. The trust named MGM Eye Institute was established at Raipur in 2004 as an eye care center. In pursuance thereto the trust applied for a term loan of rupees 3 Crore to procure the equipments in the hospital, which was sanctioned by the Bank. Thereafter, in the year 2007 a MoU was entered with the State wherein hospital was obliged to render subsidized health services to the government employees and Economic Weaker Section. It is contended that in the year 2017 an FIR was lodged against Mr. Bhupesh Baghel under Section 13 (2) of the Prevention of Corruption Act, 1988 by the EOW/ACB, who was the then M.L.A. of the Patan Constituency and presently the Chief Minister of the State, on different grounds. At that time, the son of petitioner was serving as ADG-EOW/ACB. Thereafter, after the assembly election in December, 2018 Mr. Bhupesh Baghel was sworn in as Chief Minister, thereafter, certain FIR was lodged bearing No.6/19, 7/19 & 605/19 with the police as the grievance was nursed against the son of the petitioner No.1 namely Mukesh Gupta. The petitioner contended that the said FIR was lodged with mala fide, consequently, the son of petitioner No.1 invoked the writ jurisdiction of the Supreme Court, wherein the FIR bearing No.6/19, 7/19 & 605/19 were stayed. It is further contended that thereafter the general administration of the State has issued the order to conduct an enquiry by EOW/ACB and proposal of cancellation of affiliation of hospital was made. It is contended that the son of the petitioner No.1 in the meanwhile was prosecuting his grievance before the Supreme Court, wherein the interim orders were passed in favour of the son of petitioner No.1. Thereafter, they received a media report on 05.05.2020 that the preliminary enquiry No. 5/19 has been converted into FIR under Section 406, 420 and 120B of the IPC read with Section 7 of the Prevention of Corruption Act, 1988 for criminal breach of trust and on the ground that the hospital has used 3 crore rupees grant issued by the State to repay the loan taken by the trust. It is been pleaded that since the son of petitioner No.1 had approached to the Supreme Court, as such in a retaliation with malafide, the present FIR was lodged.

(3.) The present petition is to quash the FIR and the relief as prayed is as under:-