SPECIAL POLICE ESTABLISHMENT Vs. VINOD CHANDRA SEMWAL

JUDGEMENT

(1.) Petitioner Special Police Establishment, Lokayukta has filed this revision against the order dated 30.3.2007 passed by Special Judge (Prevention of Corruption Act), Ratlam in Special Case No. 1/2007 whereby learned Special Judge declined to take cognizance against the Respondent of the offences punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, for want of sanction of prosecution under Section 19 of the Prevention of Corruption Act and refusal of sanction under Section 197 of the Code of Criminal Procedure.

(2.) In nutshell, relevant facts of the case are that Respondent Vinod Chandra Semwal is the member of Indian Administrative Services of Madhya Pradesh Cadre. On 4.7.1992, he was posted as Collector, Ratlam. On 21.12.1992, in addition to it, he was appointed by the State Government Chairman of the Town Improvement Trust, Ratlam, a statutory body constituted under Section 4 of the Madhya Pradesh Town Improvement Trusts Act, 1961 (for short 'the Trust'). The allegation against the Respondent is that while holding the post of Chairman of the Trust, abusing his position as a public servant, he transferred 30,000 square feet of Government land to an ineligible and unauthorized person Shri Vinod Bhai Parekh without any consideration on 8.11.1993. He thereby caused loss of Rs. 01,34,33,381/-(One crore, thirty four lacs, thirty three thousand, three hundred eighty one) to State Exchequer. On receipt of complaint by Shri Deepak Tiwari, Lokayukta Bhopal conducted a preliminary inquiry and found commission of offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and Section 120-B of the Indian Penal Code. A case at Crime No. 57/2001 was registered by Special Police Establishment, Lokayukta. Despite repeated requests by the prosecution, sanction under Section 19 of the Act was not granted and by order dated 23.1.2007 a sanction under Section 197 of the Code of Criminal Procedure was refused by Madhya Pradesh Government.

(3.) On 24.1.2007, prosecution filed charge sheet against the Respondent and co-accused Vinod Bhai under Section 120-B of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Act without sanction, in the light of decision of the Apex Court rendered in the case of Prakash Singh Badal and Anr. v. State of Punjab and Ors., 2007 1 SCC 1. Learned Special Judge holding that the ratio of Prakash Singh Badal's case was not applicable in the facts and circumstances of the case, held that in the absence of sanction under Section 19 of the Act cognizance against the Respondent for the offence under Section 13(1)(d) read with Section 13(2) of the Act was barred and consequently refused to take cognizance. Aggrieved by the said order, Special Police Establishment, Lokayukta has preferred this revision.