NARENDRA SINGH BHADAURIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed under Section 397 read with Section 401 of criminal Procedure Code (for short 'code') against the order dated 20-10-2004, passed by Special Judge, (Lokayukt), Jabalpur, in Special Case No. 7/2001, whereby direction for framing charges under Section 13 (1) (e) read with section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'p. C. Act')has been given against the applicant and in pursuance of it, charges were framed.

(2.) IT is undisputed fact that an offence under Section 13 (1) (e) and 13 (2) of P. C. Act was registered against applicant as Crime No. 57/91 by Special police Establishment of Lokayukt. According to prosecution, the applicant was posted as Assistant Engineer, in Water Resources Department (at present known as Tubewell Department') at Samnapur (Dindori), and on searched applicant was found in possession of very huge disproportionate property according to Police Report filed under Section 173 of Code. Initially the applicant was appointed as overseer in the said Department at Mandla and during his service tenure he received or earned money to the tune of rs. 15,36,921 from the known sources while his expenditure and investments were found to the tune of Rs. 46,44,102/- according to chart submitted with the said police report thus applicant was found in possession of disproportionate property having worth Rs. 31,07,180/- approximately without any satisfactory account of it. Therefore on investigation, a charge-sheet was submitted and on consideration, prima facie ingredients of said alleged offences were made out. So with direction for framing charges, the same are framed under said sections. I have gathered the above said information from papers of charge-sheet placed by applicant on record. It also appears by the impugned order that at the time of search he being public servant was holding the post of Assistant Engineer in the said department and on receiving the said information non-applicant/lokayukt conducted the said search by a strength of search warrant dated 5-5-1991, the above said raid was made at different places including house of applicant at Napier Town, Jabalpur and Hotel Blue-Moon, Jabalpur as well as on other relevant places and the schedule of the property with description were prepared, and, according to that Rs. 15,36,921/- was found as income from known legal sources in between the period of 1980 to 1991, while expenses was found to Rs. 46,44,102/ -. In this tune he was found in possession of the disproportionate income of Rs. 31,07,180/- and charge-sheeted.

(3.) COUNSEL for applicant submitted that prosecution has not submitted the original documents before the Trial Court and whatsoever duplicate/carbon copies of such documents placed on record are not admissible and besides this the sources of collection of said property has not been properly explained in the charge-sheet so it can not be levelled as property of the applicant.