U K SAMAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition, under Section 482 of the Code of Criminal Procedure (for brevity, 'the Code'), for having the order dated 23-3-2010 passed by Special Judge (under the Prevention of Corruption Act, 1988) (hereinafter referred to as 'PC Act') at Bhopal in Special Case No. 1/08 rejecting the applications made by the petitioner for discharge nullified and also for quashing of the charge sheet, so far as it relates to him.

(2.) IN that case, cognizance of the offences punishable under Sections 120-B of the IPC and 13 (1) (d) read with 13 (2) of the PC Act has been taken against the petitioner, a superannuated officer of INdian Administrative Service, and co-accused Narsingh Mandal and Prakash Chand Sethi who, at the relevant point of time, were respectively Chairman and Deputy General Manager (Store and Purchase) of M.P. State Road Transport Corporation (hereinafter referred to as "the Corporation").

(3.) LEARNED Senior Counsel has strenuously contended that the order under challenge is not sustainable in view of the following undisputed facts :-