ASHOK KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioners have filed this petition against the order dated 27.07.2016 [Annexure-P-1] passed by the Court of VIIIth Additional Sessions Judge, Jabalpur in Special Sessions Case No.04/2015, by which, the trial Court rejected the objection of the petitioners in regard to maintainability of the application filed under Section 13 (1) of Madhya Pradesh Vishesh Nyayalaya Adhiniyam 2011 [hereinafter in short 'the Act No.8 of 2012].

(2.) Petitioner No.1 was prosecuted by respondent-Lokayukta for commission of offence punishable under Prevention of Corruption Act. A raid was conducted on different premises of the petitioner No.1 when he was working as Executive Engineer, Public Works Department, Narsinghpur.

(3.) Learned Senior counsel for the petitioners has pleaded that the application filed by the respondent before the designated Court is not maintainable because the provision of Section 13 of the the Act No.8 of 2012 has not been complied with. The investigating Officer has filed an affidavit which is contrary to law hence, the Special Court has no power and authority to proceed in the matter.