R.K. KARTIKEYA Vs. RAHUL JAIN

JUDGEMENT

(1.) The following order of the Court was delivered by: B.D. Rathi J. By invoking the extraordinary jurisdiction of this Court, petitioner has preferred this petition under Section 482 of Code of Criminal Procedure, 1973 (in short 'the Code') calling in question the order of cognizance dated 11-05-2011 passed in private complaint case by Special Judge (Prevention of Corruption Act), Guna against the petitioner and issuance of bailable warrant in the sum of Rs.1,000/- against the petitioner for his presence before the Court on 20-06-2011.

(2.) The brief facts of the case are that respondent -Rahul Jain was ex-councillor of Municipality, Guna. On 12-09-2006 in daily news paper "Raj Express" one notice was published inviting tender for repairing cover body for vehicle cargo 709. Cut off date for submitting the tender was fixed as 26th September, 2006. Prior to that no administrative and financial sanction has been taken by the petitioner who was the then CMO of Municipality, Guna. Thereafter, tenders were submitted by three different firms. Tender of M/s Laxmi Agro Industry was accepted being lowest one and work order was issued. The security amount has not been obtained and when tenders were opened time and date were not mentioned. Thereafter, on completion of contracted work, physical verification of supplied material was conducted and it was found that the material supplied was of sub-standard quality thereby petitioner and one another co-accused Mohanlal Verma, Sanitary Inspector both have committed offence punishable under Section 13 of Prevention of Corruption Act 1988 (in short 'the Act') read with Sections 420 and 120-B of IPC.

(3.) Statement of complainant/respondent -Rahul Jain (PW-1) was recorded under Section 200 of the Code and thereafter on 11-05-2011 impugned order was passed against the petitioner and the complaint to the extent of co- accused Mohanlal Verma was dismissed on the ground that no offence was made out against him.