The State Of Madhya Pradesh vs Vijay Kumar Sharma
2022 Latest Caselaw 16439 MP

Citation : 2022 Latest Caselaw 16439 MP
Judgement Date : 12 December, 2022

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Vijay Kumar Sharma on 12 December, 2022

Author: Gurpal Singh Ahluwalia

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          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR

                       CRA No. 10439 of 2022
       (THE STATE OF MADHYA PRADESH Vs VIJAY KUMAR SHARMA AND OTHERS)



Dated : 12-12-2022
      Shri Ajay Chaturvedi - Advocate for appellant.

      The record of the Court below has been received.

      Heard on I.A. No.17473/2022, an application seeking leave to
appeal against the judgment dated 29.07.2022 passed by the Special
Judge, Prevention of Corruption Act, Datia in SC Lok No. 01/2018 by
which the respondent No.1 has been acquitted under Sections 7, 13(1)

read with Section 13(2), 13(1) of P.C. Act read with Section 120-B of IPC, respondent No.4 has been acquitted for offence under Sections 7, 13(1) of P.C. Act read with Section 120 B of IPC and respondents No.2 & 3 have been acquitted for offence under Sections 12, 7, 13(1) of P.C. Act read with Section 13(2) read with Section 120(B) of IPC.

It is submitted by counsel for appellant that the Trial Court has found that the ill gotten money was recovered, however, the respondents have been acquitted on the ground that the prosecution has failed to prove the demand.

This question is already sub-judiced before the Supreme Court in the case of Neeraj Dutta Vs. State (Govt. of NCT of Delhi) in Criminal Appeal No.1669/2009.

Considering the submissions made by the counsel for the appellant,

this Court is of the considered opinion that it is a fit case for grant of leave to appeal. Accordingly, I.A. No.17473/2022 is allowed. The appellant is granted to leave to appeal against the judgment dated 29.07.2022 passed by Special Judge, Prevention of Corruption Act, Datia in SC Lok No. 01/2018.

Issue bailable warrant of arrest against the respondents in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) each for appearance of the respondents before the Registry of this Court on 28.02.2023 and on all other dates which may be given by the Registry in this regard.

(G.S. AHLUWALIA) JUDGE

Aman Digitally signed by AMAN TIWARI Date: 2022.12.12 19:04:24 +05'30'