RADHESHYAM GARG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision is directed against the order dated 04.12.2015 passed by the Special Judge (Prevention of Corruption) Bhopal in Special Case No.09/2015 whereby charges under Sections 420, 467, 471, 120-B, 34 of the IPC and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 have been framed.

(2.) At the relevant point of time, applicant was posted as Joint Registrar, Co-operative Societies, Bhopal. In that capacity, he confirmed an auction sale of mortgaged land worth Rs.34,30,000/- for a song (just for Rs.3,50,000/-) without any physical verification of irregularities and illegalities floating on the surface of record. Thus, he not only caused revenue loss to the Government but also financial loss to the real owner of the huge chunk of agricultural land (nearly 24 acres of land) near the vicinity of State capital, Bhopal.

(3.) On a complaint in this factual back ground, Lokayukt Organization registered a case under Sections 420, 467, 471, 120-B, 34 of the IPC and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 against applicant and other co-accused, who are involved in the scam. After investigation, material collected showed prima facie a case against applicant and co-accused, therefore, charge-sheet was filed against accused persons including the applicant. After going through the charge-sheet and material filed along with it, learned Special Judge (Prevention of Corruption) Bhopal framed charges against applicant for offences as mentioned above.