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2014 Supreme(MP) 371

S.K.GANGELE, B.D.RATHI
R. K. Kartikeya – Appellant
Versus
Rahul Jain – Respondent


Advocates:
Amit Lahoti for petitioner; Shailendra Dwivedi for respondent.

ORDER

Rathi, J. -- 1. By invoking the extraordinary jurisdiction of this Court, petitioner has preferred this petition under section 482 of Code of Criminal Procedure, 1973 (in short ‘the Code’) calling in question the order of cognizance dated 11.5.2011 passed in private complaint case by Special Judge (Prevention of Corruption Act), Guna against the petitioner and issuance of bailable warrant in the sum of Rs.1,000/- against the petitioner for his presence before the Court on 20.6.2011.

2. The brief facts of the case are that respondent -Rahul Jain was ex-councillor of Municipality, Guna. On 12.9.2006 in daily news paper “Raj Express” one notice was published inviting tender for repairing cover body for vehicle cargo 709. Cut off date for submitting the tender was fixed as 26th September, 2006. Prior to that no administrative and financial sanction has been taken by the petitioner who was the then CMO of Municipality, Guna. Thereafter, tenders were submitted by three different firms. Tender of M/s Laxmi Agro Industry was accepted being lowest one and work order was issued. The security amount has not been obtained and when tenders were opened time and date were not mentioned. Ther









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