SATISH PARETA Vs. STATE OF M P

JUDGEMENT

(1.) Regard being had to the similitude of the facts and controversy involved in both these petitions, they were heard analogously and are being decided by this common order.

(2.) All the petitioners have come before this Court for quashing of FIR No.1/14 dated 05/01/2004 registered by Economic Offence Wing, Indore Wing (hereinafter referred to as EOW) under Sections 120-B, 420, 477-A of IPC and 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act 1988') and all subsequent proceedings of Special Case No.6/11 pending before Special Judge (Prevention of Corruption) Act, Indore taken pursuant thereto.

(3.) Sans unnecessary details, facts relevant to the present petitions are that after receiving some complaints regarding evasion of Mandi/Nirashrit fees by the firms/traders, Mandi Board, Bhopal constituted a team of 10 members headed by Deputy Director to enquire into the matter. After inquiry, the team found several irregularities in issuance of licenses and evasion of Mandi fees for the period started from 01/04/2002 to 31/07/2002 against 23 firms and submitted its report. On receiving the report, the Market Committee issued show cause notices asking them to produce the account books and afforded opportunity of hearing. No information/documents were submitted by the responsible firms. The Marketing Committee then lodged F.I.R. No.117/2004 under Sections 420, 467, 468 of IPC at Police Station-Aerodrome on 14/02/2004 against those firms. Upon a summary forwarded by the agricultural department, EOW also registered FIR No. 1/04 on 05/01/2004. Later, FIR registered at Police Station-Aerodrome was merged with the FIR registered by EOW, who; after investigation held that these firms have caused loss to the tune of Rs.8,13,01,509/- by evading Mandi fees and filed charge-sheet against them on 22/12/2011. However, the investigation was kept pending against 6 public servants for want of prosecution sanction. A supplementary charge-sheet was filed against the petitioners on 20/02/2015 whereas charge-sheet against Mr. Dahima was kept on hold and later on 06/04/2017 supplementary charge-sheet was filed against him also.