LAWS(MPH)-2011-3-49

SANDEEP JAISWAL Vs. MITHILESH JAIN

Decided On March 28, 2011
SANDEEP JAISWAL Appellant
V/S
MITHILESH JAIN Respondents

JUDGEMENT

(1.) The petitions are being dealt with together since they relate to proceedings of the same criminal case.

(2.) M.Cr.C. No. 2100/10 is a petition, under Section 482 of the Code of Criminal Procedure (for short "the Code"), for quashing of the proceedings originating from a complaint made by respondent No. 1 against the petitioners therein namely Sandeep Jaiswal, Ramesh Singh Baghel and Anil Jaiswal, respectively the then Mayor, Commissioner and Sub-Engineer of the Municipal Corporation at Katni, regarding offences punishable under Section 420 of the IPC and Section 13 of the Prevention of Corruption Act, 1988 (fopbrevity "the Act") whereas W.P. No. 6740/2010 is a petition, under Article 226 of the Constitution of India, preferred by Ramesh Singh Baghel only, for issuance of writ in the nature of certiorari to quash sanction granted by the Competent Authority, viz., the Principal Secretary, Department of Law and Legislative Affairs, Govt, of M.P., Bhopal, for his prosecution in respect of the offences punishable under Sections 420 and 120-B of the IPC and Section 13 (1) (d) read with Section 13 (2) of the Act.

(3.) For the sake of convenience, the relevant documents shall be referred to by their respective number as annexure to the writ petition.