SPECIAL POLICE ESTABLISHMENT Vs. ASHOK KUMAR SHUKLA

JUDGEMENT

(1.) THIS Criminal Revision u/s 397 read with Section 401 Code of Criminal Procedure, 1973 (hereinafter referred to for short, " Cr. P. C".) preferred by the applicant/petitioner, being aggrieved from the order dated 18.03.2008, discharging the respondents from the charges u/s 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 (for brevity hereinafter referred to 'the P. C. Act) and returned the charge-sheet to the prosecution agency to take appropriate action for filing the charge-sheet of the offence under the provisions of IPC i.e. u/s 120- B,467, 468, 471 and 477(A) of the Indian Penal Code (for short 'the IPC' ), in competent Court in accordance to law against respondents, by Special Judge, (constituted under the Provisions of the P.C. Act, 1988) Damoh, in Special Case No.1/2008.

(2.) UNDISPUTEDLY, respondent no.1 Ashok Kumar Shukla was posted as additional Tahsildar, Damoh and respondent no.3 was posted as Patwari of Halka No.17 Samanna Raiyatwrik district Damoh at the relevant time, respondent no.2 Swapnil Bajaj is a resident of Damoh while another accused no.4 Sukhram has already been expired. It is also undisputed that Late Smt. Ganga Bai was the owner of Khasra No.36, area 4.11 hectares of agriculture land. The main allegation is that the land of Late Smt. Ganga Bai was mutated in the name of Sukhram in order to garb her land and the land was sold to respondent no.2 in a meager sum of Rs.2,64,000/- (two lakh and sixty four thousand ) whareas the actual market price of the land was about Rs.14,00,000/- (Fourteen lakhs). The mutation was forged and without any basis in order to grab the land of Late Smt. Ganga Bai.

(3.) AFTER investigation charge-sheet was submitted in the Court of Special Judge presided over by Smt. Radha Sonkar who was first Additional Sessions Judge/Special Judge, Damoh under PC Act. On 18.3.2008 it was ordered to be registered. On the same day arguments on the charges were heard and afterward vide order in the order-sheet it was ordered that no primafacie case under the aforesaid sections i.e. u/s 13(1)(d) read with section 13(2) of the Act, 1988 and sections 7,8,11,12 & 13 is made out and the offence u/s 120-B,467, 468, 471 and 477(A) of IPC is prima facie made out which could be tried by regular competent Court, against this order this revision has been preferred on the following grounds: