BHUPENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C has been preferred for quashment of the order dated 23/12/2017 passed by the Special Judge under Prevention of Corruption Act, Jabalpur whereby reports in terms of closure report filed by the respondent in connection with Crime No.96/2011 under sections 13(1)(e), 13(2) of the Prevention of Corruption Act, 1988 (hereinafter refer as PC Act) was rejected and the respondent was directed to submit the material before the sanctioning authority to grant sanction for prosecution of the applicant.

(2.) In brief, the facts of the case are that on the basis of secret enquiry, it was found that during the check period from 04/04/1988 to 29/08/2011, the applicant who was working as Assistant Engineer, Municipal Corporation, Jabalpur amassed assets disproportionate to his known source of income. Therefore on 30/08/2011 the FIR of Crime No.96/2011 under sections 13(1)(e), 13(2) of the PC Act was registered and investigation was conducted and the respondent raided 6 places relating to the applicant on the basis of 6 search warrants issued by the competent court and the applicant submitted his representations along with relevant documents to demonstrate that his assets are in accordance to his known sources of income. After investigation, the respondent/investigating agency came to the conclusion that the applicant has not possessed disproportionate property in comparison to his income from known sources. The respondent/investigating agency arrived at the conclusion that the income, assets and expenditure of the applicant was as under during the check period:-

(3.) Based on the said conclusion of the investigation, after duly considering the explanation given by the applicant, the respondent filed closure report as no case made out against the applicant and the same was submitted before the Special Judge, and learned Special Judge by the impugned order dated 23/12/2017 rejected the prayer with regard to acceptance of the closure report.