LAWS(MPH)-2018-5-39

S M CHINCHOLKAR Vs. STATE OF MADHYA PRADESH

Decided On May 08, 2018
S M Chincholkar Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) In this petition under Section 482 of the Code of Criminal Procedure, 1973, applicant is seeking quashment of F.I.R. dated 10.05.2010 registered by the Special Police EstablishmentLokayukt and charge-sheet dated 15.03.2017 as well as criminal proceedings in Special Case No.64/2015 pending before the Special Judge (Prevention of Corruption Act), Bhopal.

(2.) In brief, the prosecution case is that at the relevant point of time, applicant was working as Accounts Officer in Madhya Pradesh Road Transport Corporation. In the capacity of Accounts Officer, applicant made an excess payment of Rs.84,00,000/- to M/s. L & T Finance. An F.I.R. to this effect was registered and the matter was investigated.

(3.) On the basis of F.I.R., Crime No.35/2010 has been registered against the applicant for the offences punishable under Sections 13 (1)(d), 13 (2) of the Prevention of Corruption Act, 1988 and Sections 409, 420, 468, 471, 120-B of the IPC and ultimately chargesheet has been filed in the Court of Special Judge (Prevention of Corruption Act) Bhopal for the offences mentioned above. Learned trial Judge considering the material filed along with the charge-sheet framed charges against the applicant in Speical Case No.64/2015. Hence, this petition has been filed to quash the F.I.R. as well as framing of charges against the applicant.