S P KOHLI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 27.01.2018 passed by the Special Judge (Prevention of Corruption Act) Bhopal in Special Case No.07/2014 whereby charge under Section 420 read with Section 120-B of the IPC has been framed against the applicant.

(2.) In brief, prosecution case is that the applicant is an auction purchaser of land. Allegation against the applicant is that he has colluded and conspired with the officers of the Cooperative Department to purchase land of one Bhagchand which was worth Rs.1,67,000/- for a meagre sum of Rs.50,000/-. Thus, he not only caused revenue loss to the Government but also financial loss to the real owner of the agricultural 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, 468, 471, 120-B, 34 of the IPC and under Sections 13 (1)(d) & 13 (2) of the Prevention of Corruption Act, 1988 against accused persons who are involved in the scam. After investigation, material collected showed prima facie 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 charge against applicant for offence as mentioned above. Hence, this revision to quash the charge.