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2020 Supreme(MP) 165

VIVEK RUSIA
Special Police Establishment, Indore – Appellant
Versus
Radhakrishna – Respondent


Advocates Appeared:
Shri R.S.Raghuvanshi, Learned Counsel, for the Applicant; Shri M.I.Ansari, Learned Counsel, for the Non-applicants

JUDGMENT

1. Special Police Establishment through SP, Indore has filed the present application under section 378(3) of the Code of Criminal Procedure,1973(Cr.P.C.) for grant of leave to file criminal appeal against the judgment dated 28.12.2016 passed by Special Judge (Prevention of Corruption Act,1988), Jhabua whereby the non-applicants have been acquitted from the charges under sections 7 & 13(1)(d) read with section 13(2) & 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act' ).

2. As per the prosecution story, in the year 2011-12 in Gram Panchayat Chikliya, Janpad Panchayat, Dandla, District Jhabua the construction work of (i)District Jhabua Community Bhawan estimated cost of Rs.4.65 lakhs,(ii) water tank estimated cost of Rs.4.99 lakhs and (iii) village warehouse building estimated cost of Rs.4.98 lakhs were going on and the non-applicant No.1 being the Chief Executive Officer of the Janpad Panchayat Dandla was the in-charge of supervision and release of fund for the aforesaid work. At the relevant point of time the non-applicant No.2 was working as Peon in the office of non-applicant No.1. At the relevant point of time Smt.Havlibai w/o Partha Mu

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