SHIV PRAKASH TRIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this revision under Section 397 of the Code of Criminal Procedure challenging the order dated 29/05/1998 passed in special case No. 12/87.

(2.) The applicant is facing trial for commission of offences which are liable to be punished by Section 468, 471, 120-B of IPC and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act of 1988") or instead of the charges under aforesaid sections of the Act of 1988 under Section 5(1)(d) (for short 'the Act of 1947).

(3.) The facts for determination of this revision are as follows. The applicant was serving as an Under Secretary in the Revenue Department of the State of Madhya Pradesh as an employee of the executive services of the State in 1984. In that capacity he was attached to Shri Muni Prasad Shukla, the Revenue Minister. It is alleged by the prosecution that the applicant by his acts and omissions helped Motor Parts Dealers Welfare Association, Jabalpur to obtain 40 acres of surplus land situate at Madhotal, Jabalpur by way of allotment after getting exemption from the operation of Urban Land (Ceiling and Regulation) Act, 1976. The applicant is alleged to have acted contrary to the order of Revenue Minister Muni Prasad Shukla who did not grant exemption on 3-8-1984 stating that the power could be exercised by the Collector. It is alleged that the applicant knew the order of Revenue Minister Shri Muni Prasad Shukla. However, with a view to cause wrongful loss to the State and consequent gain to the Motor Parts Welfare Association, Jabalpur the applicant got the order from the Revenue Department issued that possession of plot be handed over to the Association. The order was issued in a clanderstine manner without obtaining the signature of the Principal Secretary on the file directing the Collector to hand over the possession. The order of allotment was contrary to Revenue Book Circulars. Thus, the applicant is abused official position in this manner. He is also charged with forging documents during the transaction. The applicant was one of the persons allegedly involved in the Madhotal Scandal along with so called several dignitaries of the State.