D.K.KHARE Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant order will governs M.Cr.C.No.492/2022 where challenge is made to the order of framing of charge and also M.Cr.C.No.6432/2017 by which the filing of charge-sheet is being assailed in the same crime number. Thus, both the matters are being decided by its composite order. By invoking inherent power of this Court conceived by Sec. 482 of Code of Criminal Procedure 1973 (for short "Cr.P.C.'), the petitioner is seeking quashment of the order dtd. 18/11/2021, whereby charges have been framed by the trial Court in respect of the offences punishable under Ss. 420, 468, 471 of IPC and Sec. 13(2) of Prevention of Corruption Act, 1988, against the petitioner; also the statement of charges dtd. 7/12/2021; and all consequential proceedings thereon.

(2.) The case of the prosecution in a nutshell, is to the effect that, one Shri B.D. Pandey made a complaint against the petitioner, who at the relevant time was holding the post of Joint Director, School Education, Legal Cell, Jabalpur. In the said complaint which was made to the Economic Offences Wing, Bhopal, numbers of allegations were leveled against the present petitioner relating to securing promotion on the post of Principal on the basis of a false experience certificate, allegation of disproportionate income out of which the petitioner purchased a car as well as flat in Sanjeevani Nagar Jabalpur. Further allegations were to the effect that the petitioner demanded Rs.50,000.00 from one Parasram Uchattar Maha Vidhyalaya Maharajpur for granting recognition and he cancelled the recognition of number of schools as they did not agree to illegitimate demands of the present petitioner and there were also allegations of misappropriation of funds in ICT Project under which the computers were to be purchased for different schools. The said complaint moved by complainant was addressed to the Superintendent of Police, Economic Offences Wing, Jabalpur. The said complaint, dtd. 2/12/2011 was forwarded to the Deputy Director (Vigilance), Public Instructions, Bhopal who in turn, vide his letter dtd. 24/12/2011 directed the Joint Director, Public Instructions Division Jabalpur, District-Jabalpur to conduct an inquiry of each issue raised in the complaint and then submit a report.

(3.) One Shri Santosh Tripathi was holding the post of Joint Director, School Education Department, Jabalpur in the month of March, 2012 who vide his letter dtd. 15/3/2012 forwarded the said complaint to the present petitioner whereby the petitioner was called upon to submit his explanation as regards the issue raised in the complaint.