Majboot Singh Kushwah (M.S. ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 3426 MP

                                  1




     IN THE HIGH COURT OF MADHYA PRADESH
                 AT G WA L I O R
                          BEFORE
             HON'BLE SHRI JUSTICE ROHIT ARYA
                             &
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                  ON THE 27th OF FEBRUARY, 2023
        MISCELLANEOUS CRIMINAL CASE No. 50909 of 2022

BETWEEN:-
BRAJESH KUMAR BANSAL S/O SHRI SHRINIWAS
BANSAL, AGED ABOUT 57 YEARS, OCCUPATION:
SERVICE, R/O IN FRONT OF K.S. KOTHI BASANT VIHAR
COLONY MORENA (MADHYA PRADESH)

                                                     .....APPLICANT
(BY SHRI D.P. SINGH - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH E.O.W.
BHOPAL, POLICE STATION E.O.W. GWALIOR (MADHYA
PRADESH)

                                                   .....RESPONDENT
(BY SHRI ANKUR MODY - ADDITIONAL ADVOCATE GENERAL)

        MISCELLANEOUS CRIMINAL CASE No. 49201 of 2022

BETWEEN:-
MAJBOOT SINGH KUSHWAH (M.S. KUSHWAH) S/O SHRI
H.R. KUSHWAH, AGED ABOUT 59 YEARS, OCCUPATION:
ASSISTANT MANAGER, R/O 85 SEC-A GREEN SOUTH
AVENUE SHIVPURI LINK ROAD GIRDH GWALIOR
(MADHYA PRADESH)

                                                     .....APPLICANT
(BY SHRI RAJ KUMAR SHRIVASTAVA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      E.O.W BHOPAL THROUGH THANA E.O.W.
                                   2




      GWALIOR (MADHYA PRADESH)

2.    RAMESH CHANDRA KHATTAR S/O K.L. KHATTAR,
      AGED    ABOUT   85 YEARS,   OCCUPATION:
      CONTRACTOR, R/O 57 IDGHA COLONY, AGRA
      (UTTAR PRADESH)

                                                   .....RESPONDENTS
(SHRI ANKUR MODY - ADDITIONAL ADVOCATE GENERAL FOR STATE)

        MISCELLANEOUS CRIMINAL CASE No. 49208 of 2022

BETWEEN:-
MAHENDRA SINGH MOURYA S/O SHRI BHAGWANDAS
MOURYA, AGED ABOUT 58 YEARS, OCCUPATION:
PARTNER JAI DURGA CONSTRUCTION COMPANY
MORENA, R/O WARD NO 29 ROAD MANOHAR NAGAR,
MORENA (MADHYA PRADESH)

                                                     .....APPLICANT
(BY SHRI RAJ KUMAR SHRIVASTAVA - ADVOCATE)

AND
1.    STATE OF MADHYA PRADESH THROUGH E.O.W.
      BHOPAL THROUGH THANA E.O.W. GWALIOR
      (MADHYA PRADESH)

2.    RAMESH CHANDRA KHATTAR S/O SHRI K.L.
      KHATTAR, AGED ABOUT 85 YEARS, R/O 57 IDGHA
      COLONY, AGRA (UTTAR PRADESH)

                                                   .....RESPONDENTS
(SHRI ANKUR MODY - ADDITIONAL ADVOCATE GENERAL FOR STATE)

        MISCELLANEOUS CRIMINAL CASE No. 50913 of 2022

BETWEEN:-
RAKESH KUMAR SINGHAL S/O DHARMESHWAR NATH
SINGHAL, AGED ABOUT 68 YEARS, OCCUPATION:
PARTNER OF M/S JAI DURGE CONSTRUCTION CO., R/O
GAYATRI COLONY, MORENA (MADHYA PRADESH)

                                                     .....APPLICANT
(BY SHRI D.P. SINGH - ADVOCATE)

AND
                                      3




THE STATE OF MADHYA PRADESH THROUGH EOW
BHOPAL, POLICE STATION EOW, GWALIOR (MADHYA
PRADESH)

                                                                 .....RESPONDENT
(BY SHRI ANKUR MODY - ADDITIONAL ADVOCATE GENERAL)

      This application coming on for hearing this day, JUSTICE ROHIT

ARYA passed the following:
                                      ORDER

This batch of Miscellaneous Criminal Cases is placed before us under Section 482 of the Code of Criminal Procedure, 1973 invoking inherent jurisdiction for quashment of common order of the trial Court dated 28.09.2022.

Brief facts common to all cases, in nutshell, are to the effect that the applicants, namely, Brajesh Kumar Bansal and Majboot Singh Kushwah are government servants and applicants, namely, Rakesh Kumar Singhal and Mahendra Singh Mourya are contractors. An FIR at Crime No.10/2010 was registered in the Economic Offence Wing, Gwalior with allegations of corruption and financial indiscipline, resulting into the alleged loss to the exchequer.

Upon investigation, the EOW, Gwalior submitted final report on 22.07.2011 with recommendation of the closure of the case. The Trial Judge did not accept the report and ordered for further investigation in exercise of powers

under Section 173(8) of CrPC. Thereafter, final report was submitted on 18.01.2018 again recommending for closure of the case. This time, the Trial Judge has given reasons for non-accepting the closure report. At the same time, the Trial

Judge has called upon the EOW to seek sanction from the State Government/Competent Authority for initiation of prosecution by the impugned order dated 28.09.2022.

Learned counsel for the applicants submits that the question relating to the jurisdiction of the Trial Judge to direct prosecution to procure sanction from the

Competent Authority, has already been answered by the Co-ordinate Bench at

Indore in the case of Dr. Mayank Jain vs. Special Police Establishment,

Lokayukt, SP, Lokayukt Office, Ujjan (M.P.) [M.Cr.C.No.46422/2020, decided on 05.12.2022].

It is submitted that the Co-ordinate Bench at Indore relying upon the

judgments of the Hon'ble Supreme Court in the cases of Ram Naresh Prasad v.

State of Jharkhand reported in (2009) 3 SCC (Cri.) 1336 and Abhinandan

Jha & Ors. vs. Dinesh reported in (1967) 3 SCR 668 has held that the Trial Judge has no jurisdiction to direct prosecution to procure sanction by the Competent Authority.

Shri Mody, learned Additional Advocate General does not dispute the above legal position.

Consequently, as lis involved in this batch of Miscellaneous Criminal Cases is no more res integra and has been settled by the Co-ordinate Bench at

Indore, we see no reason to take a different view. Hence, all Miscellaneous Criminal Cases No.50909/202, 49201/2022, 49208/2022 and 50913/2022 stand

allowed and the impugned order dated 28.09.2022 is hereby quashed. No order as to costs.

  (ROHIT ARYA)                                    (MILIND RAMESH PHADKE)
     JUDGE                                                  JUDGE
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       PAWAN KUMAR
       2023.02.28
       18:08:43 +05'30'