NARSINGH PATIDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These petitions under Sec. 397 of Cr.P.C. (equivalent to Sec. 528 of Bharatiya Nagrik Suraksha Sanhita, 2023) have been filed being aggrieved by the order dtd. 21/11/2023 (Annexure P/1) whereby the learned Special Judge, Prevention of Corruption Act, Mandsaur in Special Case No. 6/2022 arising out of Crime No.413/2016 and in Special Case No. 7/2022 arising out of Crime No.416/2015, both registered at Police Station - Special Police Establishment and has framed charges against the applicant under Sec. 13(1)(D) and Sec. 13(2) of Prevention of Corruption Act, 1988 (hereinafter for short referred 'the PC Act') and Sec. 420 & 120B of Indian Penal Code (for short 'IPC').

(2.) Brief facts as having emerged during the trial are that an Inspector Basant Shrivastava, Special Police Establishment, Lokayukt Office, Ujjain on information suo moto submitted a report to Superintendent of Police, Lokayukt with regard to the fact that Smt. Bhanwarkunwar - Ex- Sarpanch of Village Panchayat - Rajakhedi and Secretary Narsingh Patidar (present applicant) during their tenure as such from 2007-2009 having conspired with other co- accused persons and misusing their official capacity without getting approved layout, allotted 79 residential plots to the ineligible persons situated by the side of Ajijkhedi Highway in village Rajakhedi and thereby caused huge revenue loss to the Government. On the basis of aforesaid report by Inspector Basant Shrivastava, the then Superintendent of Police submitted a letter dtd. 22/7/2014 to headquarter of Special Police Establishment Lokayukt, Bhopal for registering a preliminary enquiry. Special Police Establishment Lokayukt vide letter dtd. 26/7/2014 registered a preliminary enquiry on No. 73/2014 and send it back to Special Police Establishment Office, Ujjain for conducting the enquiry. S.P. Lokayukt, Ujjain assigned enquiry to inspector Basant Shrivastava for submitting a report, who submitted a letter dtd. 30/7/2014 to SDM, Mandsaur for obtaining necessary information. SDM, Mandsaur vide letter dtd. 11/9/2014 submitted requisite information to Special Police Establishment, Ujjain. Further enquiry was handed over to Inspector Rohit Yadav posted at Special Police Establishment, Lokayukt Office, Ujjain. Inspector Rohit Yadav during enquiry collected information from Tehsildar, Mandsaur, Secretary, Gram Panchayat, Rajakhedi, Deputy Director, Town & Country Planning, Neemuch, Sub-Registrar, Mandsaur, Sarpanch, Gram Panchayat, Rajakhedi about the Pattas which were allotted on 20/2/2009 to beneficiary Jagdish S/o Karulal Patidar, R/o Village Rajakhedi, Tehsil & Dist. Mandsaur. Patta No. 35 dtd. 28/7/2007 for Patwari Halka No. 14, Survey No. 124, area 30 X 30 or 900 for Rs.13,378.00 was allotted by the then Sarpanch Smt. Bhanwarkunwar and applicant Narsingh Patidar by misusing their official position along with other beneficiaries. After completion of enquiry, FIRs were registered and investigation ensued. On completion of usually investigation, separate charge- sheets were filed against the applicant and other co-accused persons. When the charge-sheets were filed before the Court of competent local jurisdiction notified for proceeding for cases investigated by Special Police Establishment Lokayukt at Mandsaur in Special Case Nos. 6/2022 & 7/2022 under Ss. 7, 13(1)(d) & 13(2) of PC Act as amended in 2018 originated and trial proceeded and charges were framed against the applicant and other coaccused persons as mentioned hereinabove.

(3.) Learned counsel for the applicant submits that the learned trial Court has failed to appreciate the evidence in right perspective and committed grave error of facts and law in passing the impugned orders to frame charges under Sec. 13(1)(D) and Sec. 13(2) of the PC Act and Sec. 420 & 120B of IPC against the applicant, therefore, prays for setting aside the impugned orders by allowing the petitions.