RAJESH KASLIWAL Vs. ARUN KUMAR JAIN

JUDGEMENT

(1.) THIS order shall also govern the disposal of M.Cr.C. Nos.4628/2005 and 235/2006 as in all the petitions the prayer is for quashment of Case No. 5004/2005 pending in the Court of JMFC, Indore whereby the cognizance of the offence has been taken against the petitioner vide order dated 21-9-2005 for an offence alleged to have been committed under Sections 465, 469, 471, 499, 500 and 120-B of IPC. Dr. Rajesh Kasliwal, who is petitioner in M.Cr.C. No. 111/2006 is Doctor by profession and running a Nursing Home in the name and style of M/s Apollo Nursing Home. Subhash Sojatia who is petitioner in M.Cr.C. No. 4628/2005 is a political worker and was Health Minister of the State of M.P. at the relevant time. Ashok Kumar Gupta who is petitioner in M.Cr.C. No. 235/2006 is in the services of State of M.P. and was posted as Private Secretary to the then Health Minister/Subhash Sojatia at the relevant time.

(2.) SHORT facts of the case are that a private complaint was lodged by the respondent/Arun Kumar Jain on 23-7-2004 for an offence alleged to have been committed under Sections 120-B, 166,167,182,188,191,192,193,195,196,197, 198, 199, 200, 204, 205, 211, 420, 463, 464, 467, 468, 471, 499 and 500 of IPC against all the petitioners and also against Shri Digvijay Singh, the then Chief Minister, Nanhesingh, the then Secretary, Home Department, R.C. Arora, I.G. Narcotics, Smt.Jaishri Kiyawat, the then Deputy Secretary, Health and Raju Vishwasrai Patil, Receptionist of M/s Apollo Nursing Home. After recording of statement under Sections 200 and 202 of Cr.PC learned Trial Court took the cognizance of offence against the petitioners vide order dated 21-9-2005 for an offence alleged to have been committed under Sections 465, 469,471,499, 500 and 120-B of IPC. Being aggrieved by the said order, the present petitions have been filed.

(3.) MR. Z.A. Khan, Senior Advocate with MR. R.R. Trivedi and MR. P.K.Shukla appearing on behalf of Subhash Sojatia and Ashok Kumar Gupta submits that the petitioners have falsely been implicated and has not committed any offence on the basis of evidence adduced by the respondent which is in shape of statement recorded under Sections 200 and 202 of Cr.PC, which does not disclose any offence committed by the petitioners. It is submitted that the alleged letter dated 13-7-2001 has been written by petitioner Subhash Sojatia in the capacity of a Public Servant as he was the then Health Minister at the relevant time. It is submitted that even otherwise also since the petitioners were Public Servant and were discharging their duties as Health Minister and Private Secretary to Health Minister, therefore, without obtaining sanction under Section 197 of Cr.PC the petitioner cannot be prosecuted. It is submitted that even the entire evidence adduced by the respondent is taken into consideration, then too, the petitioner cannot be convicted. It is submitted that all the petitions filed by the petitioners be allowed and the impugned order passed by learned Trial Court whereby cognizance has been taken be quashed.