V K BRAHAMANKAR Vs. SPECIAL POLICE ESTABLISHMENT

JUDGEMENT

(1.) THE order passed in this appeal shall also govern the disposal of Criminal appeal No. 2110/1997 (Smt. Vandana Brahamankar Vs. Special Police establishment) and Criminal Appeal No. 2183/1997 (Shivkumar Gupta and another Vs. The State of M. P. and another) as they have also arisen from the same impugned order dated 2-9-1997, which is impugned in this appeal.

(2.) FEELING aggrieved by the order dated 2-9-1997 passed by First Addl. Special Judge (Lokayukta) in Criminal Miscellaneous Case No. 5/1997, this appeal has been filed under Section 11 of Criminal Law Amendment Ordinance, 1944 (in short 'the Ordinance' ).

(3.) THE facts leading to this appeal lie in narrow compass. Suffice it to state that during the pendency of the investigation of a case against the present appellant under Section 13 (1) (e) read with Section 13 (2) of Prevention of corruption Act, 1988 (in short 'the Act'), an application under Section 3 of the ordinance was submitted by Dy. Superintendent of Police, Special Police establishment, Lokayukta, Jabalpur before the Special Judge who has passed the impugned order praying therein that the immovable property of appellant v. K. Brahamankar be attached under the interim arrangement. On the submission of the said application dated 5-4-1997, an order under Section 4 of the Ordinance attaching the property under interim arrangement was passed by the Special Judge, Jabalpur. Thereafter, a notice was issued to the appellant to show cause under Section 4 of the Ordinance.