STATE OF M.P. Vs. R.N. KARAIYA

JUDGEMENT

(1.) This Criminal Appeal under Sec. 378 of Cr.P.C. has been filed against the Judgment dtd. 29/5/2013 passed by Special Judge (Prevention of Corruption Act), Gwalior in Special Sessions Trial No. 01/2010 by which the respondent has been acquitted of the charges under Ss. 15 of Prevention of Corruption Act read with Sec. 120-B of IPC.

(2.) The necessary facts for disposal of the present appeal in short are that one Sudhir Singh, resident of Tansen Nagar, Gwalior, made a complaint against Vivek Singh, the then Commissioner, Municipal Corporation Gwalior, that forged files of work worth Rs.2.00 Crores have been prepared in the name of maintenance work of water supply. In the name of sanctioning the work and forged payment, illegal gratification in lacs has been taken. Accordingly, on the orders of Lokayukt, an enquiry was conducted by Commissioner, Municipal Corporation and Divisional Vigilance Committee and prima facie the allegations were found proved and accordingly, the matter was handed over to Special Police Establishment (Lokayukt), Bhopal. Shri Kaptan Singh Nagar was appointed as investigating officer, and looking to the large number of files, Virendra Singh Tomar and Anil Kumar Agrawal, Inspectors were also authorized to investigate.

(3.) The investigating officer recorded the statements of the witnesses. Sanction to prosecute co-accused Hari Singh Khairwar was obtained and accordingly, charge sheet was filed against the respondent, co-accused K.K. Shrivastava, R.B. Shrivastava, Narenda Singh Bhadoria, Ajay Pandvia, Hari Singh Khairwar and Kamal Kishore Puniyani.