SABINA NINAMA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner under Section 397 read with Section 401 of the Cr.P.C. for setting aside the order dated 2/03/2010 passed by the Special Judge, Prevention of Corruption Act, Ujjain in S.T. No.1/08, whereby charge has been framed against the petitioner for offences punishable under Section 13(1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 read with Section 120-B of IPC and Section 13(1) (d) and Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) The petitioner was posted as Chief Executive Officer in Janpad Panchayat, Ujjain from 17/09/2002 till 16/10/2003. In this period it was alleged that various quarries were auctioned during her tenure by the Janpad Panchayat, Ujjain for Minor Minerals and according to the prosecution, during the tenure of the present petitioner 110 Transit Pass Books were issued from Jila Panchayat and were obtained by one Babulal Sharma, co-accused (accountant) and co-accused Anant Singh Bais of her office. It is further alleged that the said two co-accused persons, after obtaining 110 T.P. Books, did not enter the same in the Register maintained at Janpad Panchayat rather sold it unauthorisedly to certain unknown persons resulting in mining and transportation of minor minerals illegally. On this basis, charges under Sections 13(1) (d) and 13(2) read with Section 120-B of IPC have been alleged.

(3.) Secondly, it has also been alleged that during the tenure of petitioner, 25 quarries were auctioned but the petitioner did not take any action for recovery of Rs.4,20,790/- nor she executed agreement with the said bidders whose bid was accepted on the date of auction and thus, committed the offence under Section 13(1) (d) r/w Section 13(2) of the P.C. Act.