GOPAL SHARMA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal revision petitions have been filed by the petitioners being aggrieved with the order dated 08.03.2018 passed by the Sessions Judge, Special Court, Prevention of Corruption Act Cases, Sri Ganganagar (hereinafter to be referred as 'the trial court') in Sessions Case No.95/2013, whereby the trial court has ordered for framing of charges against the petitioners for the offences punishable under Section 13(1)(D) read with Section 13(2) of the Prevention of Corruption Act,1988 (hereinafter to be referred as 'the PC Act') and Sections 420 and 120-B IPC.

(2.) Brief facts of both the cases are that an FIR was registered at Anti Corruption Bureau, Sri Ganganagar with the allegations that Ms. Krishna Bhatiya (petitioner in SB CRLR No.659/2018) was the Chairperson of Municipal Board, Suratgarh whereas Mr. Madan Singh Budhaniya was the Executive Officer of the Municipal Board, Suratgarh from 07.04.2001 to 21.06.2004. It was alleged that certain commercial shops were put to auction by Agriculture Marketing Committee, Suratgarh in the years 1993, 1995 and 1997. The successful bidders for those shops i.e. petitioner Nos.1 to 7 viz. Gopal Sharma, Mohd. Shakeel, Mohd. Saleem, Sampatlal, Ashok Kumar, Smt. Saroj Rani and Jawaharlal Chugh respectively (petitioner Nos.1 to 7 in SB CRLR No.465/2018) deposited 1/4 amount of auctioned shops on the day of auction, however, 3/4 amount of auctioned shops did not deposit by them, though, the period for depositing the same had expired. Later on, the area of Agriculture Marketing Committee, Suratgarh was transferred to the Municipal Board, Suratgarh by way of notification issued by the Government and from the date of that transfer, the Municipal Board Land Disposal Rules, 1974 (hereinafter to be referred as 'the Rules of 1974') were made applicable. It was alleged that petitioner-Ms. Krishna Bhatiya, Chairperson of Municipal Board, Suratgarh and Mr. Madan Singh Budhaniya, Executive Officer of Municipal Board, Surgatgarh hatched a conspiracy with the accused person viz. Petitioner No.1-Gopal Sharma and others and after receiving applications from them allowed them to deposit 3/4 remaining amount of allotted shops along with interest in the year 2002 while invoking the provisions of Rajasthan Colonisation (Sale and Allotment of Land in Mandis in the Bhakra and Indira Gandhi Canal Projects Colony Areas) Conditions, 1973, though, the said conditions were not in force in the year 2002 because at that relevant time the Rules of 1974 were in force and as per those rules without prior consent of the State Government, no such money could be deposited. It is further alleged that after depositing all 3/4 remaining amount along with interest Mr. Madan Singh Budhaniya, Executive Officer of Municipal Board, Suratgarh executed lease-deeds in favour of petitioner No.1-Gopal Sharma and others in illegal manner.

(3.) Similarly it was alleged that Hiralal and Smt. Sushila Devi (petitioner Nos.8 and 9 respectively in SB CRLR No.465/2018) with connivance of petitioner-Ms. Krishna Bhatiya, Chairperson of Municipal Board, Surathgarh and Mr. Madan Singh Budhaniya, Executive Officer of Municipal Board, Suratgarh hatched a conspiracy and purchased a strip of land in Suratgarh City without there being any resolution of Municipal Board, Suratgarh, which was mandatory as per law. It was also alleged in the complaint that due to above action of petitioner-Ms. Krishna Bhatiya and Mr. Madan Singh Budhaniya along with other petitioners, the Municipal Board, Suratgarh suffered huge loss of lacs of rupees, as if the shops in question and the strip of land in question were sold out in the year 2002, as per the provisions of Rules of 1974, the higher price for the same would have been received.