U.K. SAMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This bunch of petitions originate out of the order dtd. 10/11/2021 passed by learned 21st Additional Sessions Judge and Special Judge (MP/MLA), Bhopal in Case No.SCPPS-39/2018 whereby learned trial Court has rejected an objection raised by some of the petitioners by filing an application under Sec. 197 of Cr.P.C. regarding maintainability of charge sheet in absence of mandatory sanction prior to prosecution.

(2.) As far as criminal revisions are concerned, they have been filed challenging the order dtd. 27/11/2021 passed by the same 21st Additional Sessions Judge and Special Judge (MP/MLA), Bhopal in Case No.SCPPS-39/2018 whereby application filed for discharge on behalf of the petitioners has been rejected. Petitioners are also challenging the validity, legality and propriety of the charges framed against the petitioners for the offence under Ss. 120-B, 420 read with Sec. 120-B of IPC and also under Ss. 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 for which charges have been framed vide memo dtd. 04/12/2021.

(3.) As far as M.Cr.Cs. are concerned, they have been filed by two of the retired Indian Administrative Service Officers namely U.K. Samal and D.P. Tiwari whereas criminal revisions have been filed by the aforesaid two IAS Officers besides one Manish Kalani, S/o P.S. Kalani, land owner, so also by one Rakesh Sharma, S/o Shivcharan Lal Sharma who was working as Assistant Engineer-cum-Building Officer, Municipal Corporation, Indore.