DEV DUTT MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Learned counsel for the rival parties are heard through video conferencing. Since common questions of fact and law are involved, all the five petitions have been taken up for analogous hearing and are being decided by this common order.

(2.) All these petitions filed invoking inherent powers of this court u/Sec. 482 Cr.P.C. assail the same order dated 22/4/2019 passed by Special Judge (PC Act)/First Additional Sessions Judge, Gwalior (M.P.) in Special Case No 02/2019 arising out of Crime No. 84/17 registered at Special Police Establishment, Gwalior alleging offences punishable u/Ss. 13(1)(d), 13(2) of the Prevention of Corruption Act,1988 (for brevity the PC Act) and Sec. 120-B of I.P.C.

(3.) The appellant reported this alleged transaction of purchase of land by the M.P. Housing Board, alleging financial loss to the Government, to the Lokayukta, Bhopal. Subsequently, the Special Police Establishment (Lokayukta), Jabalpur (hereinafter referred to as'the Lokayukta Police ") registered an FIR No. 165 of 2002 against accused respondent nos. 2 to 4, as the alleged act or conduct of the accused respondents, all working as Government Servants, amounts to an offence under Section 13 (1-d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as'the PCA') and Section 120-B of the Indian Penal Code (hereinafter referred to as'the IPC'). Accordingly a Criminal Case No. 165 of 2002 was registered against respondent nos. 2 to 4 in the Court of learned Special Judge. However, the sanction of the Government was necessary as mandated by Section 19 of the PCA in order to prosecute the said respondent-accused.