SPECIAL POLICE ESTABLISHMENT Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner - Special Police Establishment,Lokayukta, Indore, has filed the present petition under Article 226 of the Constitution of India against order/letter dtd. 23/10/2019 passed by respondent No.1 and 3/10/2019 (Annexure P/12) passed by respondent No.2 by which, they have not granted sanction for prosecution against respondent No.3 for the offences punishable u/s. 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and u/s. 409, 120-B of the IPC. The petitioner is praying for the following reliefs:-

(2.) Facts of the case are that on allegation of corruption, FIR No. 104/2013 under Ss. 7, 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and u/s. 409, 120-B of the IPC had registered by Special Police Establishment Lokayukt against the respondent No. 3, who was working on the post of Sub-Engineer. After investigation, it was found that there are 9 accused persons involved in the aforesaid crime, therefore, sanction for prosecution was requested. Against some of the accused persons, sanction for prosecution has been granted, but it has been rejected for respondent No.3, therefore, this petition has been filed assailing the rejection orders Annexure P/11 & 12.

(3.) Learned counsel for the petitioner submits that there is ample evidence to connect the respondent No.3 with the alleged crime. The allegation against the respondent No. 3 is that being a public servant she had illegally made inappropriate payment of Rs.2.55 lakhs for the work of Village Panchayat - Boreli under MNREGA policy, therefore, prays for reliefs as claimed in the present Writ Petition.