IMPORTANT POINT
Power u/s 397 CrPC should not be exercised if a prima facie case is made out.

JUDGMENT

Pinaki Chandra Ghose, J.

1. Leave granted in both the matters.

2. These appeals arise out of the judgment and order dated 18th May, 2007 passed by the High Court of Madhya Pradesh (Indore Bench), disposing of Criminal Revision Petition Nos.636/2007, 610/2007 and 566/2007 which were filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973. By the impugned judgment the High Court of Madhya Pradesh has allowed the three revision petitions, setting aside the orders of the First Additional Judge/ Special Judge, Indore, for framing charges against three accused persons, namely, Rakesh Mishra, Gyanendra Singh Jadon and Sajid Dhanani. It may be noted that the State has assailed the impugned judgment only against Rakesh Mishra and G.S. Jadon.

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.