SEWAK RAM SHIVDEDI Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission. The applicant has challenged the order dated 6.6.2013 passed by the Special Judge under Prevention of Corruption Act, Jabalpur in Special Case No. 185/2013, whereby the application under Section 197 of the Cr.P.C. filed by the applicant was dismissed and charges under Sections 420 /120-B of the IPC were framed against him.

(2.) The prosecution's case, in short is that, the applicant was working as a Deputy Director (Gram Udyog Board). A loan was sanctioned to the accused Dayaldas Prajapati for Shail Chalk/Kumhar Udyog on 29.3.1993 and approximately a sum of Rs. 82,975/- was given to him by the present applicant after sanctioning of the loan. It was found that the accused Dayaldas was not running any Udyog as shown in his application. The applicant and the co-accused by their connivance produced some false documents and a sum of Rs. 60,645/- was granted to him where at the most, a sum of Rs. 34,325/- could be given to the beneficiaries. The employer of the applicant refused to grant the sanction under Section 19 of the Prevention of Corruption Act and therefore, a charge sheet for the offences punishable under Sections 13(1)(d) & 13(2) of the Prevention of Corruption Act could not be filed. However, the charge sheet was filed for the offences punishable under Sections 420 /120-B of the IPC.

(3.) The applicant had moved an application under Section 197 of the Cr.P.C., which was dismissed by the trial Court and the charges under Sections 420 /120-B of the IPC were framed.