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2011 Supreme(MP) 1021
MADHYA PRADESH HIGH COURT
M.A.Siddiqui, J.
Harish Bagwaiya & Ors. - Appellant
Versus
State of Madhya Pradesh - Respondent
M. Cr.C. No. 9421-2007, 9424-2007, 11602-2007, 11603-2007, 7672-2008
Decided On : 16-03-2011
S.Paliwal, Govt.Advocate for State/respondent., S.C.Datt, Sr.Advocate with Sachin Chouksey, Adv.for petitioner., R.N.Singh, Sr.Advocate with Hitendra Singh, Adv.for petitioners.
The judgment emphasizes that exoneration in departmental inquiry does not warrant quashing the criminal proceedings, and the trial court should decide the case on its own merits.
Headnote:
Interpolation - Criminal Conspiracy - IPC 120-B, 420, 467, 468, 409 - The judgment discusses the interpolation of figures in a proposal for the construction of water tanks by the Mandi Samiti, leading to inflated costs. The court analyzes the evidence, departmental inquiries, and legal precedents to determine the involvement of the petitioners in the alleged conspiracy.
Fact of the Case:
The case involves allegations of criminal conspiracy and interpolation of figures in a proposal for the construction of water tanks by the Mandi Samiti, leading to inflated costs. The petitioners, who held various engineering and administrative positions, were accused of involvement in the conspiracy.
Finding of the Court:
The court found that there was prima facie evidence against some petitioners, while others were acquitted based on lack of evidence. The court emphasized that the exoneration in departmental inquiry did not warrant quashing the criminal proceedings.
Issues: The main issues revolved around the interpolation of figures in the proposal, the involvement of the petitioners in the conspiracy, the exoneration in departmental inquiry, and the requirement of sanction under Section 197 of the Cr.P.C.
Ratio Decidendi: The court relied on the evidence, departmental inquiries, and legal precedents to determine the involvement of the petitioners in the alleged conspiracy. The court also emphasized that exoneration in departmental inquiry did not warrant quashing the criminal proceedings.
Final Decision: Some petitioners were acquitted, while others were dismissed. The court clarified that the trial court should decide the case on its own merits without being influenced by the order.
JUDGMENT :
This order shall govern in all the above referred link cases.(2) Petitioners have prayed to quash the entire proceedings in Criminal Case No. 2021/2003 pending before the Judicial Magistrate Ist Class, Burhanpur, arising out of Crime No. 120/2000 registered by PS-City Kotwali, District-Burhanpur.
(3). It is an admitted fact that Subrato Roy ( petitioner in M.Cr.C.No. 9421/2007) was posted as Incharge-Chief Engineer at Bhopal, Ram Kumar Maitra (petitioner in M.Cr.C.No.9424/2007) was also posted as Chief Engineer, Bhopal. V.K.Vaishnav (petitioner in M.Cr.C.No. 11602/07) was Executive Engineer at Regional Office, Indore, Harish Bagwaiya (petitioner in M.Cr.C.7672/08) was Assistant Engineer at Regional Office, Indore, and N.K. Jain (petitioner in M.Cr.C.No.11603/07) was Secretary of the Mandi Samiti, Burhanpur at the time of alleged incident.
(4) The instant matters arise out of Resolution dated 1.10.96 passed by Krishi Upaj Mandi Samiti, Burhanpur. The Mandi Samiti resolved to construct two over head tanks to reserve the water. The controversy is that as per proposal it was resolved that two over head tanks will be constructed and capacity of each tank will be 2 lacs ltrs. of water per tank, and it is the allegation that this 2 lacs ltrs. figure was interpolated into 6 lacs . As per 2 lacs ltrs. tanks the estimated cost was Rs.24 lacs for two tanks, but for 6 lacs ltrs. tanks it was more than Rs. 71 lacs for two tanks.
(5) As per report in writing filed by one Balram Choubey who was posted as Secretrary on 27.3.99, before his posting petitioner N.K. Jain was Secretary of the Mandi Samiti. Balram Choubey made a complaint in writing that all officers including the then Secretary, Engineers of Regional Office at Indore and both Chief Engineers at Bhopal were involved in conspiracy, and instead of tanks for 2 lacs ltrs., they, by doing interpolation, made it to 6 lacs ltrs. in order to gain more profits while initial proposal was for 2 lacs ltrs. for each water head tank, and the amount of Rs.24 lacs was taken to more than Rs. 71 lacs. So all these persons committed mischief and interpolation and at that time petitioner N.K. Jain was the Secretary, Harish Bagwaiya was AE at Regional Office, Indore, petitioner V.K. Vaishnav was EE at Regional Office, Indore, and petitioners R.K. Maitra and Subrato Roy were the Incharge Chief Engineers at Headquarter, Bhopal, all were involved in the alleged offence. On this report, PS- City Kotwali, Burhanpur registered Crime No. 120/2000 and investigated the matter and filed charge sheet, charges under sections 120-B, 420,467,468 and 409 of IPC have been framed against all petitioners.
(6) I have heard learned counsel for both the parties and perused the case diary and documents on record.
(7) The main controversy started by proposal Annexure (A/9) in which it is said that as per proposal over head tanks bearing capacity of 2 lacs ltrs. each have to be constructed. In the decision part,it clearly appears that over writing has been done on the figure "2" which has been amended to figure "6". The allegation of the prosecution against the petitioners is that all petitioners have conspired and all are responsible for this interpolation and it has been done with the knowledge and consent of all, and all were benefited by it.
(8) Learned counsel appearing for petitioners have submitted that undisputedly all petitioners have been ordered to face departmental enquiry and in departmental enquiry all have been exonerated and it has been indirectly pointed out that this figure was amended by the officers of the Burhanpur Mandi Samiti including petitioner/Secretary N.K.Jain. As there is difference between the proposal and decision and as per proposal dated 1.10.96 initially it was resolved to construct over head tanks of 2 lacs ltrs. each, but looking to the need and availability of the fund,etc. it was further agreed that instead of 2 lacs ltrs.tanks, 6 lacs ltrs. tanks should be constructed, so the figur
