S D MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) The applicants have challenged the order dated 9.8.2005 passed by the learned First Additional Sessions Judge, Damoh in Special Case No.1/2003 whereby the charges of offences punishable under Section 5 and 6 of Madhya Pradesh Vinirdishta Bhrastha Acharan Nivaran Adhiniyam, 1982 (hereinafter it would be referred as the "Act") and Section 409 of I.P.C are framed against the applicants.

(2.) The prosecution's case in short is that, the applicants were working as Assistant Engineer and Sub Engineer in the jurisdiction of District Damoh and were responsible for work done to Hindoriya Bhilai road in the year 1985-86. It was found that they prepared false muster rolls and bogus work was shown to be done by them and therefore, they upsurped a huge sum and on enquiry the State Government thought the PWD Department had sent a letter dated 2.5.1986 to S.P Damoh to investigate the matter against the applicants and by that letter the Government gave a sanction under Section 39 of the Act. A case was registered on 9.5.1986 at Police Station, Hindoriya and investigation was initiated. After due investigation matter was referred to the State Government for sanction under Section 197 of Cr.P.C Vide order dated 1.9.1999 the Government of Madhya Pradesh through the Law Department gave the sanction of prosecution under Section 197 of Cr.P.C to prosecute the applicants for offence punishable under section 5 and 6 of the Act. Thereafter, a charge sheet was filed and the learned Additional Sessions Judge had framed the aforesaid charges by the impugned order.

(3.) I have heard the learned counsel for the parties.