BALBHADRA PARASHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have filed this appeal under Section 17 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 (hereinafter referred to as "the Act of 2011") against the order dated 16/5/2012 passed by Special Judge, (M.P. Special Court Act) Gwalior.

(2.) THE Economic Offence Bureau filed an application under Section 13(1)(E) of the Act of 2011 in regard to confiscation of the properties of the appellants. It is mentioned in the application that a complaint was received in the office of Economic Offence Bureau against Balbhadra Parashar, the then Incharge Society Manager, Primary Agriculture Credit Cooperative Society village Piproua, District Gwalior in regard to accumulation of the properties in excess from his known source of income. Consequently, an offence vide crime No.22/11 at State Economic Offence Bureau, Police Station Bhopal under Section 13(E) of Prevention of Corruption Act, 1988 was registered and after investigation, it was found that the appellant had accumulated the total Rs.1,05,44,604/ in excess from his known source of income, hence, the properties be confiscated under the provisions of the Act of 2011. Along with the application, the details of properties and other properties including the agricultural land, house, bank balance, insurance, cash have been submitted. The Special Judge, notified under Section 3 of the Act of 2011, issued notices to the appellants. The special Court recorded the following findings in issuing the notices to the appellants vide order dated 16/5/2012:

(3.) THE question for determination in this appeal is that what is the meaning of word 'any order' mentioned in Section 17(1) of the Act of 2011. Section 17 (1) of the Act of 2011 prescribes a remedy of appeal, which is as under: