DWARIKA PRASAD BAHUGUNA Vs. STATE

JUDGEMENT

(1.) The petitioner was a permanent employee of the Delhi Development Authority and bad remained posted for some time as Director (Land Management). The prosecution alleges that he alongwith some other employees of the Delhi Development Authority entered into a criminal conspiracy to allot a commercial plot to one Saraswati Devi Dolya and to mate her eligible for such allotment went to the extent of preparing false record first showing her to be in unauthorised possession of some land belonging to the Delhi Development Authority, then showing it as having been resumed and thereafter allotting her some commercial land as an alternative plot. He has thus been charged under section 120B read with section 420 of the Indian Penal Code besides section 5(2) read with section 5(l)(d) of the Prevention of Corruption Act, 1947.

(2.) The petitioner took objection that he could not be prosecuted in the absence of sanction under section 197 of the Code of Criminal Procedure. The learned Special Judge, however, turned it down.

(3.) Although in the petition before me the petitioner has challenged the order of framing of charge also on the ground that no prima facic case is made out, during arguments the learned counsel for the petitioner had confined himself only on the point of sanction.