LAWS(MPH)-2022-2-28

NARENDRA MISHRA Vs. STATE OF MADHYA PRADESH

Decided On February 23, 2022
Narendra Mishra Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) A short but interesting question is involved in the present petition filed under Sec. 482 of Code of Criminal Procedure, 1973 ("Cr.P.C." for brevity) invoking the inherent powers of this Court seeking quashment of charge-sheet bearing Crime No.154/2019 registered at Police Station Special Police Establishment Lokayukt, Jabalpur and the consequential proceedings in shape of Special Case (Lokayukt) No.1/2021 pending before the Court of Special Judge (Lokayukt) Jabalpur.

(2.) The question is whether the quashment of impugned charge-sheet is permissible in law when the only evidence collected during investigation is as follows:

(3.) Learned senior counsel for petitioner submits that with the aforesaid available evidence collected by prosecution during investigation, even if the same is accepted on its face value cannot led to commission of an offence punishable u/S. 7 of the Prevention of Corruption Act, 1988 ("PC Act" for brevity) as alleged.