ALOK KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Section 407 of the Cr.P.C. has been preferred seeking transfer of Special Case No.186/2015 pending before the Special Judge, (Prevention of Corruption Act) Bilaspur (Smt. Geeta Neware, Special Judge, PC Act) to any other court of competent jurisdiction.

(2.) The petitioners are facing trial before the Special Court (PC Act) for committing offence under Sections 109, 420, 467, 468, 471 & 120-B of the IPC and Sections 13 (1)(e) read with Section 13 (2) of the Prevention of Corruption Act, 1988 on the allegation that petitioner Alok Kumar Agrawal, the Executive Engineer, Water Resources Department (WRD), Government of Chhattisgarh, in conspiracy with other accused, forged documents & records and thereby misused and abused his official position and not only caused financial loss to the Government but also amassed huge wealth to the extent of more than Rs.30 crores by corrupt and illegal means.

(3.) In the raid conducted by the prosecution in the premises of co- accused Abhish Swami, he was found to be in possession of the fixed deposits and bank accounts in the name of wife of Alok Agrawal. He was also found to possess cash of Rs.35 lakhs. It is said that co-accused Abhish Swami is the childhood friend of the main accused Alok Agrawal. He was working as Head Master, Umaria, M.P. from the year 1999-2011. However he resigned from the service to be a contractor in the State of Chhattisgarh. He got himself registered as Contractor in the WRD by submitting false experience certificate that he is engaged in construction business since 2009, which was not possible because till 2011 he was working as Head Master. The said Abhish Swami obtained registration in the name of Sagareshwar Construction whereas another concern was opened by co-accused Pawan Kumar Agrawal in the name of Mahamaya Construction. Both the construction firms were opened to channelize the ill-gotten money amassed by Alok Agrawal. From his bank locker, 1 kg golden ornaments and 5 kg silver ornaments have also been recovered. The allegation against the main accused Alok Agrawal is of amassing total assets of Rs.49 crores, out of which the unexplained assets are to the tune of Rs.31.23 crores.