RAJESH DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) These petitions, under Section 482 of the Code of Criminal Procedure (for short 'the Code'), are interlinked as preferred for the same relief viz. quashing of the criminal proceedings pending before the Court of Special Judge (under the Prevention of Corruption Act, 1988for brevity 'the Act'.) at Seoni as Special Case No. 2/2009. In that case, cognizance of the offence punishable under Section 7 of the Act has been taken against Petitioners namely Rajesh Dubey and Govind Prasad Shrivas upon the charge-sheet submitted by Inspector-SPE (Lokayukta), Jabalpur on 13/7/2009, after due investigation into the complaint made by A.K. Tripathi, the Respondent No. 2, in both the M CrCs and forwarded by Special Judge, under Section 156(3) of the Code, to Superintendent of Police, SPE (Lokayukta), Jabalpur for investigation.

(2.) For the sake of convenience, the Petitioners shall be referred to by their respective names whereas Respondent No. 2 namely Ashwini Kumar Tripathi shall be referred to as the complainant.

(3.) At the relevant point of time, Rajesh Dubey, the Petitioner in M CrC No. 7892/2009 was posted as Tahsildar at Lakhnadaun whereas Govind Prasad Shrivas, the Petitioner in M CrC No. 11903/2009 was working as his Reader. The complainant, though a bona fide resident of Uttar Pradesh, had been practicing as an Advocate at Lakhnadaun after his removal from the post of Civil Judge Class-II in the Lower Judicial Service of Madhya Pradesh.