R P DEWANGAN Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the order dated 26-6-2009 passed by Special Judge (under the Prevention of Corruption Act, 1988) (for brevity 'the Act'), Rewa in Special Case No. 2/08, rejecting petitioner's objection as to want of sanction under Section 197 of the Criminal Procedure Code (for short "the Code") for his prosecution.

(2.) The petitioner is facing trial upon the charges of the offences punishable under Sections 420 read with 120-B of the IPC and Section 13 (1) (d) read with Section 13 (2) of the Act. The charges, in substance, are that in pursuance of a conspiracy hatched between him and the persons arraigned as co-accused, he had accorded permission to sell certain lands belonging to Ujjaini Maharani Public Trust Anathalaya, Rewa against the interest of the Trust and the corresponding sale transactions ultimately resulted into a total loss of Rs. 26,23,321/- to the Trust.

(3.) Being aggrieved by the order dated 27-12-2008 framing the aforesaid charges, the petitioner also preferred a revision inter alia on the ground of absence of sanction under Section 197 of the Code as well as that of statutory protection under Section 3 of the Judges (Protection) Act, 1985 (for short "Act of 1985") before this Court. However, observing that the question of sanction was not projected against the backdrop of its refusal by the State of Madhya Pradesh, a co-ordinate Bench of this Court, vide order dated 28-1-2009 passed in Criminal Revision No. 79/09, disposed of the revision with liberty to raise the plea of sanction before the Trial Court. Accordingly, the petitioner raised the objection before the Trial Court by way of an application on 4-2-2009 but, as pointed out already, it was rejected by the order forming subject-matter of challenge in this revision.