LAWS(MPH)-2018-10-71

CHHOTI PATEL Vs. STATE OF MADHYA PRADESH

Decided On October 31, 2018
Chhoti Patel Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) In this petition under Section 482 of the Code of Criminal Procedure, 1973, applicants are seeking quashment of charge-sheet as well as entire criminal proceedings initiated against them in Special Case No.7/2016 before the Special Judge (Prevention of Corruption Act), Rewa whereby charge-sheet under Sections 7, 13 (1)(d) and 13 (2) of the Prevention of Corruption Act, 1988 has been filed against the applicants.

(2.) At the relevant point of time, applicant No.1; Smt. Chhoti Patel was working as Sarpanch, Gram Panchayat Shivrajpur, Tahsil-Naigarhi, District-Rewa and applicant No.2; Yagyabhan Patel is the son of applicant No.1. A complaint in writing was made by one Shankar Prasad Saket to Special Police Establishment- Lokayukt alleging that applicants demanded illegal gratification of Rs.10,000/- from the complainant for sanction and allotment of house under the Indira Avas Yojna.

(3.) On the basis of the said complaint, an F.I.R. was registered and a trap was laid and applicants caught red- handed accepting bribe. Thereafter, investigation followed and upon completion thereof, charge-sheet for offences under Sections 7, 11, 13 (1)(d) and 13 (2) of the Prevention of Corruption Act, 1988 has been filed against the applicants before the Special Judge (Prevention of Corruption Act), Rewa. Hence, this petition to quash the charge-sheet and the entire criminal proceedings.