SANJAY LAXMAN KHOLAPURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant has invoked provision under Sec. 482 of the CrPC and claimed following reliefs:

(2.) Brief facts necessary for disposal of the application are as under:

(3.) During the investigation, the authorities requested the Expert Committee to give opinion and the opinion is received from the Expert Committee that there was no provision in tender and there was no legal demand. On the contrary, the said demand was rejected. The proposal was forwarded for providing the mobilization advance which is contrary to the provisions of Ss. 193(4) and 233 of Rules made available for Maharashtra Sarvajanik Bandhkam Vibhag. The proposal letter of providing illegal advance was signed by the applicant contrary to the provisions of law. Resultantly, illegal flow of money was generated and thereby caused loss to the Government. The opinion was also sought from the Technical Expert Committee and the Committee has given an opinion that only some project cost/tender cost can be increased and those are 1). cost of increased; 2). cost of cement and steel, and 3). change in proposed cost of project increased in requirement of sand and other natural items required for canal. The Technical Expert Committee has given opinion that apart from this there are no other valid grounds for increasing the costs project and tender and the said irregularities were caused because of the illegal act of Executive Engineer, Superintending Engineer and the Executive Director to favour the contractor to put loss to the Government of Rs.781.39 crores. On the basis of the said allegations, the crime was registered vide Crime No.204/2017. After investigation, the chargesheet was filed bearing Special Case No.26/2018.