JHANAKLAL PARDHI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Section 397/401 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed against an order dated 03.12.2015 passed by learned Special Judge (Anticorruption Act) Balaghat in Special Sessions Trial No.05/2014 framing the charges against the applicants for the offences punishable under Sections 420/120 -B, 34 and 467 of IPC and Section 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988.

(2.) Brief facts of the case are that on the report of Rajesh Verma, Jila Adhyaksha Bhartiya Majdoor Sangh of Daily Wages, an FIR vide Crime No.423/14 dated 24.8.2014 for the offences punishable under Sections 420/120 -B/34 of IPC and Section 13(1)(D)/13(2) of Prevention of Corruption Act, 1988 was registered against the petitioners at Police Station Kotwali, Balaghat District Balaghat. After due investigation, challan has been filed in the Court of Judicial Magistrate First Class Balaghat and learned trial Court vide impugned order dated 03.12.2015 levelled the charges against the applicants, hence, this revision for quashment of charges.

(3.) Learned counsel for the applicants submits that the impugned order of framing charges against the applicants are erroneous and illegal, because there is no material on record and only on the basis of false and concocted story, learned trial Court taken cognizance in the matter. Both the applicants are daily wages employees and as per the provisions of Section 19 of Prevention of Corruption Act, 1988, sanction for prosecution is mandatory. Other co -accused persons working in the same department have been discharged from the charges of corruption by learned trial Court on same set of evidence.