VISHVENDRA PRAKASH KULSHRESHTHA Vs. STATE OF MP

JUDGEMENT

(1.) This revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been preferred against order dated 06.04.2016 passed by the Special Judge (under P.C. Act, 1988) Indore in Special Case No.09/2009 whereby charges under sections 13(1)(d) & 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and Section 420/120-B, 468/120-B, 471/120-B & 120-B of Indian Penal Code (for short 'the IPC') have been framed against 7 accused persons including the petitioner.

(2.) The relevant facts, which lie in a narrow compass, are that during 2002, the petitioner was holding the post of Joint Director, Town & Country Planning, Indore. Initially, vide communication 10.06.1982 (Annexure A/4) a layout of Scheme No.54, Mechanic Nagar Extension, Indore, (Annexure A/4) was approved by the then Joint Director, Town & Country Planning, Indore. The Chief Executive Officer, Indore Development Authority, Indore, vide communication dated 09.04.2002 (Annexure A/5) addressed to Joint Director, Town & Country Planning made a proposal for modification in the layout dated 10.06.1982 which also included Plot No.14, 15, 16 & 17. The Joint Director, vide letter dated 06/12/2003 (Annexure A/9), granted NOC to the aforesaid proposal.

(3.) It further transpires that on 05th of October, 2002 a notice inviting tender was issued by Dilip Agase, The Estate Officer, Indore, Development Authority (for short 'IDA') in the local newspapers of Indore for public auction of Plot No.14, 16, 27 & 29. In all four tenders from Smt. Sundanda Gupta, Smt. Vandana Gupta, Smt. Subhadra Devi & M/s. Rahul Enterprises were received by the IDA for Plot No.14 & 16. The tenders were opened before the Tender Committee comprising of 1. Dilip Agashe, Estate officer, IDA, 2. P.C. Bapna, Chief Enginner, IDA and 3. Ram Kumar Gupta, Chief Executive Officer, IDA, constituted under 'Vyayan Viniyam Year 1987', framed by IDA and relevant Circular of Environmental Department. The petitioner in the capacity of Joint Director, Town & Country Planning, was ex-officio member of this Committee. The Committee in its meeting dated 31.10.2002 recommended allottment of plot No.14 to Smt. Sunanda Gupta @ Rs.2525/- per square meter, the highest bid price, and plot No.15 to Smt. Vandana Gupta @ Rs.2525/- per square being the highest bid price.