State Of M.P vs Rakesh Mishra

3. The brief facts of the case are that Sajid Dhanani is the Managing Director of the Sayaji Hotel situated at Scheme No.54, Near Meghdut Gardan, Vijay Nagar, Indore. Gyanendra Singh Jadon was working at the relevant time as Building Officer posted at Municipal Corporation, Indore and Rakesh Mishra was working as Sub-Engineer, Municipal Corporation, Indore. It is alleged that these three accused hatched a criminal conspiracy in which G.S. Jadon and Rakesh Mishra illegally granted a Building Certificate and a Completion Certificate to Sayaji Hotel in Indore. Allegedly, as illegal gratification, Sayaji Hotel provided free lifetime honorary membership to G.S. Jadon and his family members in the Sayaji Club. The original Building Permission was given to the applicant Shajid Dhanani for construction of multi-storied hotel and adjoining club by the then Building Officer Shri J.M. Avasiya vide letter dated 23-12-1993. This permission was to remain valid for one year and the letter granting permission mentioned that, if required, renewal application must be made before 22-11-1994. G.S. Jadon became the Building Officer in 1994 and a revised plan was submitted to him in the capacity of Building Officer, which was approved vide letter 12-01- 1995 along with the renewal of building permission. Also the completion certificate of the Club adjoining the Hotel was granted on 19-01-1995. On 18-01-1998 an FIR was lodged at the Police Station - S.P.E., Lokayukta Office, Bhopal, against G.S. Jadon alleging irregularities by the accused persons in giving clearances for development of Sayaji Hotel and the said Club. After investigation the police filed charge-sheet against the three accused persons. The First Additional Sessions Judge/Special Judge, Indore, after perusing the charge-sheet and accompanying documents ordered framing of charges against the three accused for the offences under Sections 13(2) and 13(1) (d) of Prevention of Corruption Act read with Section 120B of the Indian Penal Code, 1960. The three accused moved to the High Court by filing revision petitions against the order of the Addl. Sessions Judge framing charges. The High Court allowed the Revision Petitions and set aside the order of framing charges passed by the Addl. Sessions Judge, Indore.

4. At this stage it would be appropriate to refer to order of the Addl. Sessions Judge which framed the charges. The charges framed against G.S. Jadon are that as the Building Officer (a public servant), he cleared and issued the revised building plan of the Sayaji Hotel without sanction, approval and clearance from High Rise Committee in violation of Rule 12 of Bhumi Vikas Niyam, 1984 and also without electricity, water supply and sewage clearance to the said project. Further, the charge against G.S. Jadon is for issuing completion certificate without necessary electricity, water, sewage and fire fighting clearances thereby causing illegal gains to Sajid Dhanani, proprietor of Sayaji Hotel. It is also alleged that he did not inform about the completion certificate to the Property Tax Department of Indore Municipal Corporation leading to evasion of tax by the Hotel amounting to Rs.5,49,000/-. The order further charged G.S. Jadon for accepting free lifetime membership in the club of the Sayaji Hotel for himself and five family members. This constituted the illegal gratification to him.

12. Having said so, it would be relevant to point out that evasion of property tax being attributed to the Building Officer; we do not find merit in this argument as we do not find any law where the Building Officer is required to inform the property tax department of the Municipal Corporation.

13. Although we do not wish to comment on the merits of the case as this is the pre-trial stage, yet we are of the view that there exists sufficient material to make out a prima facie case against the accused. Therefore, these criminal appeals are allowed, the order passed by the High Court is set aside and the order of the Addl. Sessions Judge framing charges is restored.

14. We may, however, express our disappointment of such extended litigation at the pre-trial stage itself. The delay in justice delivery system not only renders justice ineffective but also ill-founded as it leads to erosion of evidence. In the light of this observation, we request the Trial Court to conduct the trial in the most expeditious manner.

....................................J (Pinaki Chandra Ghose) ....................................J (R.K. Agrawal) New Delhi;

March 23, 2015.

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5279/2007 (Arising out of impugned final judgment and order dated 18/05/2007 in CRLR No. 636/2007 passed by the High Court Of M.P. At Indore) STATE OF M.P. Petitioner(s) VERSUS RAKESH MISHRA Respondent(s) WITH SLP(Crl) No. 5828/2007 Date : 23/03/2015 These petitions were called on for pronouncement of judgment today.

Hon'ble Mr. Justice Pinaki Chandra Ghose pronounced the reportable judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice R.K. Agrawal.

Leave granted in both the matters.

The appeals are allowed, the order passed by the High Court is set aside and the order of the Addl. Sessions Judge framing charges is restored in terms of the signed reportable judgment.

(Signed reportable judgment is placed on the file)