LAWS(MPH)-2009-4-124

ASHOK SINGH BHADORIYA Vs. STATE OF M.P.

Decided On April 28, 2009
Ashok Singh Bhadoriya Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) PETITIONER has filed this petition for quashing of order dated 9.9.2008. Respondent No. 2 filed a private complaint before the Special Court mentioning the fact that the petitioner has committed offences punishable under Section 384 and 120-B of IPC and Section No. 7,8,9,10 and 13 (1) (c) of Prevention of Corruption Act. He stated in detail in the application with regard to demand of money by the accused.

(2.) ON the basis of the aforesaid private complaint learned Special Judge, Gwalior vide order dated 09.09.2008 directed the Lokayukt for investigation. The aforesaid order has been passed by the Court under Section 156 (3) of Cr. P.C. Subsequent to the passing of the order, the complainant himself filed an application before the Court that he wants to withdraw the private complaint. Copy of the application has been filed as Annexure B alongwith an application for taking additional documents on record.

(3.) FROM the facts of the case, it is clear that the respondent No.2 filed private complaint before Special Judge alleging that the petitioner has committed offences under Section 384 and 120-B of IPC and Sections 7,8,9,10 and 13(1) (c) of Prevention of Corruption Act. Complainant prays for taking cognizance against the petitioner and to award proper punishment. On the aforesaid complaint the Court has passed the impugned order, which is an under:-