LAWS(MPH)-2002-8-38

RAJ KUMAR TIWARI Vs. STATE OF M P

Decided On August 28, 2002
RAJ KUMAR TIWARI. Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE petitioners seek quashment of proceedings of Special Case No. 7/2000, pending in the Court of Special Judge, Sagar, against these petitioners and one S. C. Jain, for offences punishable under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act.

(2.) AS per prosecution, for the appointments of Shiksha Karmi, Grade III, against the vacancies available in Janpad Panchayat, Banda, in respect of which the provisions of Madhya Pradesh Panchayat Raj Adhiniyam, so also Selection Rules, 1998, were applicable, petitioner Raj Kumar participated as Chairman of Selection Committee along with Mukundilal (petitioner) and S. C. Jain, as members, wherein, the sons of these three also appeared as candidates, and were selected.

(3.) IT is submitted on behalf of the petitioners that the aforesaid proceedings of Special Case No. 7/2000, are already quashed by this Court in M. Cr. C. No. 1389/2001, so far as co-accused/petitioner of M. Cr. C. No. 1389/2001, Rajendra Kumar Sharma is concerned, and hence on the basis of parity, the proceedings of Special Case No. 7/2000, are liable to be quashed, in respect of these two petitioners also.