VIVEK AGGARWAL Vs. PREMCHAND GUDDU

JUDGEMENT

(1.) APPLICANTS have filed this revision against the order dated 30-4-2008 passed by the Special Judge (Prevention of Corruption Act), Bhopal, in MJC No. 45/2008, under Section 156 (3) of the Code of Criminal Procedure directing the Inspector General, Special Police Establishment, Lokayukt, bhopal to investigate the matters alleged in the complaint filed by the respondent/complainant and to proceed under the provisions of Chapter XII of the Code of Criminal Procedure.

(2.) THE facts of the case, in short, are that, applicant No. 1-Vivek aggarwal, an IAS Officer belonging to the Madhya Pradesh Cadre, was posted as Collector at Indore. Applicant No. 2-Smt. Sapna Aggarwal is his wife. Complainant Premchand Guddu, who is a Member of the Legislative Assembly, filed a complaint against the applicants in the Court of Special Judge (Prevention of Corruption Act), Bhopal making allegations of corruption in high places of administration attracting the penal provisions of Sections 13 (1) (d), 13 (1) (e) and 13 (2) of the Prevention of Corruption Act read with Sections 120-B, 420,467,471 and other provisions of the Indian Penal Code and praying that a First Information Report be registered and an investigation be ordered against the applicants. According to complainant, applicant No. 1-Vivek aggarwal was appointed as Collector of District Indore on 1-6-2005, since then various builders and other persons were enjoying illegal favours from him. By indulging in illegal activities, Mr. Vivek Aggarwal earned huge property in the name of his wife Smt. Sapna Aggarwal whereby it could be assumed that his income and assets were disproportionate. On 24-3-2008, Mr. Vivek Aggarwal purchased a property situated at 7th Floor, BCM Heights, Indore for huge consideration of Rs. 26 lakhs in the name of his wife, and in the registered sale deed instead of mentioning his Indore address, mentioned the address of panchkulla, Haryana. In the registry, there was mention of false PAN number which in fact belonged to a person who resided at Pune, Maharashtra. Applicant no. 2, who is a house wife, had no income whereby she could have purchased the property worth Rs. 26 lakhs. According to complainant, whole episode was concocted with the story of corrupt favours by Mr. Vivek Aggarwal to the builder of building BCM Heights, who had gifted a flat to him in the name of his wife. Besides the above allegations, other allegations about commission of offences of cheating the State exchequer under the Indian Stamps Act, of committing fraud and of under-valuing of the property were also made.

(3.) ALONG with the complaint, an application under Section 156 (3) of the Code of Criminal Procedure was also filed by the complainant seeking direction to the Police and other Competent Authorities to investigate the matter.