GIRISH KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 482 of Criminal Procedure Code is filed by the applicant seeking expungement of remarks and strictures made against him by the Special Judge, Prevention of Corruption Act, Ujjain while delivering the judgment of conviction dated 16-4-2012 in Special Case No. 3/10 against one Prabhu Dayal Bhendwal and also seeking quashment of the FIR registered at Crime No. 121/13 by the Special Police Establishment Lokayukta in pursuance to the said adverse remarks/strictures. Briefly stated, the respondent/Special Police Establishment, Ujjain filed a challan against one Prabhu Dayal Bhendwal for offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act alleging therein that one Sanjay Tawani-complainant had purchased one LIG Second/2 House situated at World Bank Colony, Agar Road, Ujjain from M.P. Housing Board and to register the same from Housing Board, the said Prabhu Dayal Bhendwal, employee of the Housing Board demanded Rs. 25,000/- as illegal gratification. On being reported the matter to the Special Police Establishment, a trap was conducted and he was caught red handed. In the case registered against the said Prabhu Dayal Bhendwal, the applicant being an Executive Engineer and Estate Officer of Housing Board was examined before the Trial Court as a witness. In the judgment passed by the Trial Court on 16-4-2012 convicting the accused-Prabhu Dayal Bhendwal, the Trial Court made adverse observations in Paragraph Nos. 64 to 69 against the applicant.

(2.) On the basis of the said observations and adverse remarks made by the Trial Court, the respondent-Lokayukta Establishment held a preliminary enquiry and, therefore, lodged an FIR on 11-5-2013 against the applicant.

(3.) Feeling aggrieved, the applicant has filed this M.Cri.C. seeking expunction of remarks and for quashment of the FIR which was registered on the basis of the said remarks/observations made by the learned Special Judge, Ujjain.