STATE OF CHHATTISGARH Vs. BHANWAR LAL JAIN

JUDGEMENT

(1.) Heard on application for grant of leave to appeal under Section 378(3) of CrPC.

(2.) This petition is preferred against the judgment dated 14.11.2017 passed by Special Judge under the Prevention of Corruption Act , 1988, Durg (CG) in Special Case No.03/2004 wherein the said Court acquitted respondent No.1 for commission of Offcence under Sections 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (for short 'the Act 1988') and also acquitted respondent No.2 for the charges under Sections 13(1)(d) read with Section 13(2) of the Act, 1988 and under Section 467 , 468 and 120B of the Indian Penal Code.

(3.) A ceiling case was decided against accused Late Dinesh Agrawal and his land measuring 306.70 acres declared surplus by Additional Commissioner, Raipur. A suit for declaring said order void was pending before the Court of Civil Judge Class-I, Durg. Allegation against the respondents are that both the respondents have made criminal conspiracy to the effect that in the Court of Civil Judge Class-I, Durg they will get the land declared as surplus land measuring 306.70 acres reduced to 14.39 acres of one co- accused Dinesh Agrawal through compromise and for the said work they agreed each other and moved compromise application dated 13.01.1989 under Order 23 Rule 3 of CPC before the Civil Judge Class-II Durg in pending Civil Suit No.5A/85. Respondent No.1 Bhanwar Lal Jain being Government Pleader knew that he is not legally authorised for the said compromise from the State Government but filed application to get pecuniary advantage which was allowed and decree was passed against the Government.