KHAGESHWAR PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Section 482, Cr. P. C. to invoke the inherent jurisdiction of this Court against order dated 19-8-98 of Special Judge, Bilaspur whereby the learned Judge declined the prayer of the petitioner to summon, at pre charge stage an alleged earlier report of Up-Lokayukt, concerning assets acquired by him in proceedings of an earlier inquiry. The report was allegedly given in 1986 and was kept in the office of Up-Lokayukt. This inquiry pertained to the period 1-1-80 to 1986 about the assets of the accused.

(2.) The petitioner has been sent up for trial for offences under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 for having acquired assets more than his income during the period 1-1-80 to 30-4-92. The offence has been investigated by the Special police establishment constituted under M. P. Special Police Establishment Act, 1947 as extended to the State of M. P. by Section 3(1) of M. P. Extension of Laws Act, 1958 (Act No. 23/58) vide item No. 15 of Part-A of the Schedule to the Act w.e.f. 15-1-59 under a notification of Govt. of M. P. dated 31-12-58. The police has reported acquisition of disproportionate assets during the relevant period. The matter was at pre charge stage and the question of framing of charge is to be considered by the Special Judge.

(3.) The petitioner applied to the Court that the report of Up-Lokayukt in the matter of inquiry No. 5524/80 given in 1986 and kept in that office be requisitioned and be also considered as in that report for the period 1-1-80 to 1986 to disproportionate assets were found to be acquired by this accused.