ANUKUL MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed by the applicant under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure (for short 'Cr.P.C.") against order dtd. 6/5/2023 passed by the Special Judge (Lokayukt), Jabalpur in Special Case No.07/2022 whereby his application under Sec. 227 of Cr.P.C. has been dismissed.

(2.) As per prosecution case the applicant/accused was caught in trap for accepting bribe of Rs.10,000.00 on 13/5/2019 and a consequence thereof Crime No.93/2019 was registered against him. Charges for offences under Sec. 7(A), 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act') have been framed against the applicant. It is further averred that case of the prosecution is false and it has carelessly and negligently investigated the matter. On on 13/9/2022 the applicant has filed an application (Annexure-A/2) under Sec. 227 of the Cr.P.C. for being discharged of the charges under Sec. 13(1)(b) and 13(2) of the Act on the ground that mandatory procedure as prescribed under the Cr.PC. has not been followed while submitting final charge-sheet. It is stated that as per Sec. 173(2) of Cr.P.C. it the Officer Incharge of the Police Station who shall forward the charge-sheet in prescribed format to the concerned Magistrate who is empowered to take cognizance of the offence. But, in this case the Investigation Officer-Inspector Oscar Kindo has filed the charge-sheet. The second ground of objection in filing of charge-sheet is that challan has not been generated and submitted before the court through CCTNS (online mode). Accordingly, the applicant prayed that on aforesaid grounds he be discharged of above offences. The trial Court dismissed the aforesaid application under Sec. 227 of Cr.P.C. by impugned order dtd. 6/5/2023.

(3.) Learned counsel for the applicant submitted that the trial Court has passed the impugned order mechanically and without properly appreciating the objections raised by the applicant. The mandatory provisions enshrined under Sec. 173(2) of Cr.P.C. have not been complied with. The challan has been submitted manually without following the guidelines/circulars regarding CCTNS. The trial Court erroneously observed that challan can be submitted manually if there is any technical error or default in the CCTNS portal. Hence, prayer has been made to set aside the impugned order dtd. 6/5/2023 and direct the respondent to investigate and final report by complying with the mandatory provisions of law.