SANJAY WAGHMARE Vs. SPECIAL POLICE ESTABLISHMENT

JUDGEMENT

(1.) This order shall dispose of the petition filed by the petitioners under section 482, Cr. P.C. for quashing of the final report bearing No. 143/2012 dated 26.11.2012 whereby the charge-sheet has been filed against the petitioners for having committed offence under section 13 (1) (d) and section 13 (2) of the Prevention of Corruption Act, 1988 read with Sections 109, 409, 420 and 120B of Indian Penal Code.

(2.) The proceeding are pending before the learned Special Court (constituted for the Prevention of Corruption Act), Indore as Special Case No. 6/2012. According to the petitioners, it has been submitted that FIR of this case was registered on 24.10.2007 being crime No. 38/2007 wherein the name of the petitioners were not mentioned but after investigation their name was incorporated as accused persons alleging that they are guilty of committing offence under section 13 (1) (d) and section 13 (2) of the Prevention of Corruption Act, 1988 read with Sections 109, 409, 420 and 120B of Indian Penal Code.

(3.) It is submitted that in the final report Annexure-P-1. the petitioners have been alleged to have committed the aforesaid offence while discharging their duties as Naib Tehsildar, Tappa Gautampura, Tehsil Depalpur, District Indore. Besides submitting that petitioners have no nexus with the aforesaid crime, it is also submitted that the services of the petitioners are regulated by the Revenue Department, whereas the sanction has been granted by the Law Department solely on the ground that there is delay in discharging the duties on the part of the petitioners, even though Revenue Authorities strongly opposed to grant sanction.